Judge to Emperor: You Are Naked, Sir. (Updated)

In reference to Mayor Bloomberg and the NYC Board of Health's proposed ban on soda and other sugary drinks for some businesses, Deborah Young/Staten Island Advance writes:

From SILIVE.com

The city is "enjoined and permanently restrained from implementing or enforcing the new regulations," New York Supreme Court Judge Milton Tingling decided Monday, according to published reports.

The regulations are "fraught with arbitrary and capricious consequences," the judge wrote. "The simple reading of the rule leads to the earlier acknowledged uneven enforcement even within a particular city block, much less the city as a whole....the loopholes in this rule effectively defeat the state purpose of the rule."

Read the rest here:


Read Gene Berardelli's legal analysis here:


Read the Decision Here:
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About Gene Berardelli, Esq.

To learn more about the author, check out the "About Us" page. Behind Enemy Lines Radio is a national Award-Winning radio show / podcast broadcasting live out of the belly of the Democratic beast - "The People's Republic of" New York City that airs on multiple radio stations as part of the Talk America Radio Network. It is also an "Insider" column on Newsmax featuring show hosts Gene Berardelli and Russell Gallo. The show is also available on multiple networks across the internet, with more being added regularly.


  1. Though I've only been before him twice, I always got a good sense from Judge Tingling. Glad to see he did the right thing.

  2. Some in-depth analysis of the decision: http://berardelliesq.com/on-politics/item/20-analysis-nyc-soda-ban-enjoined.html

    Did I mention that I have a new personal website? :-)

  3. High on Mt. Sinai God and Moshe, Ralph's the Bald Eagle cousin are talking.
    Moshe flapping his wings, spills his 64 ounce soda on God and asks God, what does it mean oh great ONE.
    God looks at Moshe and tells Moshe.
    I gave men and women one thing when I created this place and that is FREE WILL. To chose between right and wrong. One person's right is the next person's wrong and Moshe you made me sticky from your Soda. They both laugh.
    God tells Moshe Humans are funny, things they should worry about they don't.
    Moshe to God what should they worry about oh great ONE.
    The Little Children.
    Moshe to God you really love little children very much.
    Yes for they were all children at one time and as they grow older they forget.
    God changes into a Bald Eagle and Moshe and God fly over Syria.
    As they fly God tells Moshe. I have no sides in this conflict remember Moshe they are all my children. Thee that are bad are the Demons and when they exist and climb the stairway to Heaven I am their to judge them. Have they been more evil or good? Will they go to heaven or hell it is their choice.
    Remember Moshe I am The Original Undercover Boss
    They land and God changes into a man and Moshe sits on Gods shoulder and as they walk, Moshe notices tears flowing from Gods eyes and asks God why do you cry for them oh great one.
    They are all my children and Moshe Have I created more Evil than Good?


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