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The city is “enjoined and permanently restrained from implementing or enforcing the new regulations,” New York Supreme Court Judge Milton Tingling decided Monday. As the Board of Health exists to protect New York residents by providing regulations to prevent and protect against diseases, the judge states they don’t have the authority to “limit or ban a legal item under the guise of ‘controlling chronic disease.” He also pointed out, correctly, that the city council “…alone has the authority to legislate as the board seeks to do here.”

Chalk another one up for freedom. Small steps…small steps…

UPDATE: Of course the ultimate self-involved, wanna-be aristocrat couldn’t just take his lumps…From the mayor’s Twitter feed:

We plan to appeal the sugary drinks decision as soon as possible, and we are confident the measure will ultimately be upheld.