Big Gulp Ban Booted, for Now

[O Really]

http://www.nbcnews.com/business/judge-t ... -1C8809186

NY Judge rules the ban on selling "sugary" drinks in more than 16 oz containers to be "arbitrary and capricious" and stayed the law pending further appeal by the City.

Here's the thing - I don't doubt that it's "arbitrary and capricious" but when did that ever keep places from making laws prohibiting sale of one thing or another. Go to some street festivals, they aren't allowed to sell you more than two beers at a time, or maybe one, and everybody you're buying for has to be present. They can sell you a beer over here, but not over there. Hell, some stores in PA can't sell you less than a case of beer. A gas station can't sell you gas in an unapproved (e.g. glass) container. The grocer can't sell you products after their "arbitrary and capricious" sell dates, even though they aren't spoiled.

What this ordinance does is to restrict sales of certain beverages in containers larger than 16oz. It didn't restrict how many you could buy, or how many you could drink. Now whether you think it's a good ordinance or a bad one, why is it different from any number of other things cities, counties, and states do that don't get so much press?

[O Really]

Well, the impetus for the Big Gulp Ban is the health issue, but on a nutz and boltz level, the ordinance is no different from many others on the books. Now if they want to argue that a municipality has no business regulating retail sales within the city limits, say so. I think that would not be a majority opinion. If they want to take to the barricades to claim it's an egregious violation of their personal right of self-destruction not to be able to buy beer after the third quarter, or for beer vendors to sell on the other side of the rope, fine. If they aren't out with torches and pitchforks over those, then they've got no "freedom" argument against the Big Gulp Ban. Personally, I like it. The larger sizes (just like popcorn at the theatre) are simply profit-maximizing gimmicks. If you buy popcorn at a theatre (and why anyone would do that is beyond me) and they charge you $5.00 for a "regular" but for another $.75 will sell you double size, all they've done is gotten an extra $.75 out of you for something they've long before made something like 1200% profit on. And you get to ingest a load of salt and fat that would choke and elephant.

If the ordinance said an individual could not buy more than 16oz of soda in a 24-hour period, I'd have a problem with it. But all it says is that a retailer can't sell soda in a container larger than 16oz. If you want to pig out, buy two. I think that's a good ordinance.