The Best Story of the Day...

by: Les Carpenter
Rational Nation USA
Liberty -vs- Tyranny

Perhaps one of the more encouraging stories of the day was the Court striking down Mayor Bloomberg's ban on large sugary drinks. Don't get me wrong here, I do not drink sugary beverages such as soda or energy drinks, and as a PFT (Personal Fitness Trainer) I advise against the consumption of such useless and potentially harmful calories. Think added weight and cavities to name just two.

You might find yourself asking why a PFT, one who does not partake of sugary drinks other than a highball, a glass of beer or wine with dinner, would not welcome the nanny state mentality of Mayor Bloomberg and the rest of the big brother nanny state advocates.

It's simple really, and those who understand the concepts of liberty and freedom understand why without anyone having to tell them.

For the big brother big sister nanny state advocates here it is... The choice of what each individual of their own free will and informed choice choose to feed their body (in the form of nutrients or garbage and useless calories) is THEIR decision and theirs alone. One can choose to be healthy or choose to be unhealthy, it is not the governments realm to force that choice upon any individual.

Sure society as a whole would be better off if every member of society trained as an elite professional athlete. Medical costs would drop like a lead balloon. Obesity and its associated health risks would be practically nonexistent Osteoarthritis would be much less prevalent. Heart attack, stroke, and hypertension would be something rarely heard of. The best news of all people would quite likely live longer and ENJOY a BETTER QUALITY of LIFE. Allowing them to enjoy family and loved ones perhaps a longer period of time.

In as much as the above is true (if you don't believe me check in with The Doctors and Doctor Oz on a regular basis) it is not the nanny state's place to dictate to free individuals what to consume in the form of sustenance. Having said this I will follow with it is the function of government to provide a well rounded and balanced education for the nation's youth,which INCLUDES a proper physical fitness program and proper instruction in nutrition.
Should anyone question why I (the ultimate individualist) would say the state should provide this education the answer is quite simple. IT IS IN EVERYONE'S BEST SELF INTEREST TO DO SO
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From The Wall Street Journal...

A state judge on Monday stopped Mayor Michael Bloomberg's administration from banning the sale of large sugary drinks at New York City restaurants and other venues, a major defeat for a mayor who has made public-health initiatives a cornerstone of his tenure.

The city is "enjoined and permanently restrained from implementing or enforcing the new regulations," wrote New York Supreme Court Judge Milton Tingling, blocking the rules one day before they would have taken effect. The city's chief counsel, Michael Cardozo, pledged to quickly appeal the ruling.

In halting the drink rules, Judge Tingling noted that the incoming sugary drink regulations were "fraught with arbitrary and capricious consequences" that would be difficult to enforce with consistency "even within a particular city block, much less the city as a whole."

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In his ruling, Judge Tingling found the Board of Health's mission is to protect New Yorkers by providing regulations that protect against diseases. Those powers, he argued, don't include the authority to "limit or ban a legal item under the guise of 'controlling chronic disease.' "

The board may supervise and regulate the city's food supply when it affects public health, but the City Charter clearly outlines when such steps may be taken: According to Judge Tingling, the city must face imminent danger due to disease.

"That has not been demonstrated," he wrote.

Judge Tingling also suggested that Mr. Bloomberg overstepped his powers by bringing the sugary drink rules before the Board of Health, which is solely appointed by him. The City Council, he wrote, is the legislative body "and it alone has the authority to legislate as the board seeks to do here."

City health officials, he wrote, aren't assigned the "sweeping and unbridled authority to define, create, authorize, mandate and enforce" the health code.

"It ridiculous to put this kind of money and legislation into something that people are going to find a way to bypass," said Mr. Nero, 46 years old, of Brooklyn.

When city health officials voted to approve the large-drink ban in the fall, they routinely pointed to statistics showing that 58% adults citywide are overweight or obese, and nearly 40% of public-school students in eighth grade or below are obese or overweight.

In the debate over the controversial rules, Bloomberg administration officials acknowledged many underlying causes of weight gain. {Read More}

The state providing a sensible educational and fitness program for youth right up to HS graduation makes sense. I fully support the need for this even if it means an uptick in taxes to provide such education.The long term benefits as related to reduction in health care costs likely would pay for itself overtime. Education is enlightening and properly administered is motivational. For the nanny state to dictate eating and beverage choices for adults is ill advised and wrong. Teach the children well and healthier future generations will be the everlasting reward. It is simply the RIGHT thing to do.

What I find so amazing is that more people aren't focused on the broader picture as to why the ban was wrong and whet the implications are should it be allowed to stand.

Via: Memeorandum