If New Yorkers had any thoughts that Mayor Bloomberg was going to let Judge Milton Tingling’s slap down of the soda ban get in the way of imposing his personal preferences on the city, the mayor quickly put them to rest. No sooner had the judge ruled than Bloomberg announced a new ban that would force stores to hide cigarettes they were trying to sell.
But, wait. It appears the mayor did learn something from Judge Tingling. This time, at least, Bloomberg has submitted his ban to the City Council for approval. And that’s a welcome move.
As Judge Tingling observed, one of the most obnoxious things about the ban on large sugary drinks is that it took the form of a Health Department edict — with no input or oversight from the city’s duly-elected legislature. Apparently, the mayor believes that with enough statistics anything can be justified in the name of health, no matter how undemocratic.
Say what you will about the council — and we’ve had our share of problems with it — but its members are the duly elected representatives of the people. Not only should they be vetting these proposals, they need to vote on them so that they are forced to go on the record and be held accountable for their actions.
If Bloomberg’s new prohibition becomes law, it would be the first such placement mandate in the United States. But as Jacob Sullum points out at Reason.com, even if the council were to approve it, the new ban could run afoul of the Federal Cigarette Labeling and Advertising Act, which seems to forbid such restrictions.
No doubt the mayor is still smarting over what Judge Tingling’s ruling will mean for his legacy on these personal health issues he cares so much about. But the mayor’s legacy is much broader and much better than the nanny agenda.
Indeed, the big concerns that first brought Bloomberg to office — e.g., crime, the budget, re-zoning, the public schools — remain hot-button issues. Though he hasn’t achieved all he’d hoped for on these issues, he has moved the city in the right direction. Yet it is precisely his achievements here that are now threatened by many of the candidates most likely to succeed him as mayor.
With just months left in office, wouldn’t Bloomberg’s remaining time be better spent ensuring the progress he’s made on these issues doesn’t go up in smoke?