As Charlotte noted yesterday, Justice Milton A. Tingling Jr. of the State Supreme Court in Manhattan sent an important message in his ruling slamming Mayor Bloomberg's absurd drink-size ban. Judge Tingling said the ban was capricious and arbitrary and warned that it would lead to uneven enforcement because the ban only applied to certain establishments–restaurants, food trucks, theaters, and sports arenas.  The judge also stated that the regulation's many loopholes, such as the ban not applying to grocery stores and convenience stores and permitting refills and the purchase of more than one drink, would allow people to easily avoid the ban.

Responding the ruling today, the Mayor went into full blown alarmism mode; trotting out every alarmists favorite cliché:

“I’ve got to defend my children, and yours, and do what’s right to save lives,” the mayor said. “Obesity kills. There’s no question it kills.” 

Oh please! 

Moms are fully capable of defending their children and controlling what their kids eat and drink. But since the Mayor brought up saving lives, here's a suggestion. Why not help moms with an actual threat to their health and safety: being the victim of crime. According to the New York City police department, crime in city parks is increasing. Perhaps a better approach to shrink waistlines or making New Yorkers healthier would be for Mayor Bloomberg to focus on cleaning up the city–particularly the parks where people might go out and get some exercise.

That's the kind of governing to which few would object.