http://hosted.ap.org/dynamic/stories/U/US_SUGARY_DRINKS_LAWSUIT/
The NAACP's New York state branch and the Hispanic Federation have joined beverage makers and sellers in trying to stop the rule from taking effect March 12. With a hearing set Wednesday, critics are attacking what they call an inconsistent and undemocratic regulation, while city officials and health experts defend it as a pioneering and proper move to fight obesity.
The issue is complex for the minority advocates, especially given obesity rates that are higher than average among blacks and Hispanics, according to the federal Centers for Disease Control. The groups say in court papers they're concerned about the discrepancy, but the soda rule will unduly harm minority businesses and "freedom of choice in low-income communities."
The American Beverage Association and other groups, including movie theater owners and Korean grocers, sued. They argue that the first-of-its-kind restriction should have gone before the elected City Council instead of being approved by the Bloomberg-appointed health board.
Five City Council members echo that view in a court filing, saying the Council is "the proper forum for balancing the city's myriad interests in matters of public health." The Bloomberg administration counters that the health board, made up of doctors and other health professionals, has the "specialized expertise" needed to make the call on limiting cola sizes.
The suit also argues the rule is too narrow to be fair. Alcohol, unsweetened juice and milk-based drinks are excluded, as are supermarkets and many convenience stores - including 7-Eleven, home of the Big Gulp - that aren't subject to city health regulations.
The NAACP and the Hispanic Federation, a network of 100 northeastern groups, say minority-owned delis and corner stores will end up at a disadvantage compared to grocery chains.
"This sweeping regulation will no doubt burden and disproportionally impact minority-owned businesses at a time when these businesses can least afford it," they said in court papers. They say the city should focus instead on increasing physical education in schools.
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zzyzzx says
That is the dumbest thing I've ever heard.
Like not being able to get a 32oz Beverage is going to stop someone from going to the grocery store and buy a 2 liter bottle and pour it in a foot tub with ice.
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Why not have police simply shoot at fat people and chase them around in patrol cars? Why not criminalize being a fat fuck?
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APOCALYPSEFUCK is Shostakovich says
Obesity is a major contributor to the rising costs of medical treatment.
Yes , it's costing you more.
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Not if they keel over early. HMOs throw so much red tape at the doctors and the dying the fat fucks croak well before their time. This is American health care innovation!