A New York appeals court today ruled that Nanny Bloomberg’s proposed soda ban was a blatant violation of “the principle of separation of powers.”

In doing so, the court ruled that the soda ban was “invalid.”

Via the New York Post:

Writing for the Appellate Division, Justice Renwick also criticized Bloomberg and the Health Department for proposing a ban with giant loopholes, which would exclude colas and energy drinks but allow milkshakes and fruit juices. Similarly businesses like delis and restaurants were prevented from hawking sugary beverages but 7-Eleven could still sell its signature Big Gulp.

The judicial panel said those inconsistencies go “beyond health concerns, in that it manipulates choices to try to change consumer norms.”

But manipulating choice is what the mayor is all about.

Bloomberg believes that government knows what is best for the people to eat and drink, and he’d like to find government answers in forcing them to consume products he deems healthy.

That, in a word, is frightening.

The question is – where does it stop?  Doughnuts contain hydrogenated oils, and are essentially one of the worst cancer foods you can possibly eat.  Yet there the Mayor stood a day after the soda ban was announced, proudly celebrating the virtues of National Donut Day.

This is the height of hypocrisy.

Why is Mayor Bloomberg not actively working to mandate a one-donut policy at all bakeries in the city?  He could just as effectively cite the obesity statistics used in his previous statements on sugary drinks.

Furthermore, the link between sugary drinks and obesity has been debated, with a recent Canadian study suggesting there is little evidence that soda causes childhood obesity.

Bottom line, the government is well within their rights to educate people on the dangers of certain foods and drinks, but they’ve crossed a boundary when they enforce bans on those same items.

It is an affront to personal choice and liberty.  As is the mayor himself.