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The Soda Ban and Helicopter-Mayoring

Today the Michael Bloomberg era in New York City drew to a close. Not officially, of course; Bill de Blasio’s mayoralty was inaugurated at the beginning of January. But today it can begin in earnest, and in modest acclamation: the soda ban is dead. And with it exits a style of governing that will most indelibly be remembered for perhaps its greatest flaw: an obnoxious paternalism that told even the city’s starving homeless precisely what they can and cannot consume.

New York State’s highest court today rejected the final appeal to keep the ban on large sodas in place. The New York Times headline on the story is “City Loses Final Appeal on Limiting Sales of Large Sodas,” but I think we’re all winners here, the city included. Bloomberg is to be commended for some of his policies: the full-throated defense of public safety chief among them. But Bloomberg got caught up in paternalistic social engineering and the soda ban was one of the most invasive–and illegal–results. The Times reports:

In a 20-page opinion, Judge Eugene F. Pigott Jr. of the State Court of Appeals wrote that the city’s Board of Health “exceeded the scope of its regulatory authority” in enacting the proposal, which was championed by former Mayor Michael R. Bloomberg.

The decision likely will be seen as a significant defeat for health advocates who have urged state and local governments to actively discourage the consumption of high-calorie beverages, saying the drinks are prime drivers of a nationwide epidemic of obesity.

Two lower courts had already sided against the city, saying it overreached in attempting to prohibit the purchase of sugared drinks in containers larger than 16 ounces, about the size of a medium coffee cup. By a 4 to 2 vote, the justices upheld the earlier rulings.

In that article, however, you can see who Bloomberg’s real constituents were: first and foremost, the media. Proponents of intrusive statist powers are, according to the Times, “health advocates.” Simply because they say so. Even though some of the schemes the “health advocates” have pursued have been shown to produce exactly the opposite result–that is, the population’s choices become less healthy. But as with most liberal projects, the intentions are all that matter. Who wouldn’t want to ban large sodas? Think of the children.

The irony of the Bloomberg administration’s overreach on sugary drinks is that such helicopter-mayoring overshadowed other policies and came to identify him. He’s been replaced by a much more liberal politician, who may actually restore some of Bloomberg’s reputation. Say what you will about Bloomberg’s nanny statism, but he did not acquire his inspiration for public service by watching the Marxist Sandinistas.

Bloomberg’s record on public safety threatens to be undone by de Blasio, whose election ended the era of hugely popular and undeniably successful police commissioner Ray Kelly, after which the police were instructed to stop gun violence by smiling at passersby. It’s too early to say if the resulting recent spike in violent crime is here to stay, but all indications are that de Blasio’s terrible ideas about public safety are just as irresponsible and unserious as they seemed when they began emanating from Planet Brooklyn during the campaign.

The biggest initial threat to de Blasio’s public approval was his staunch opposition to charter schools. De Blasio prefers to delegate his education policy to the unions, with the result that minority students have even fewer opportunities. De Blasio soon realized that trashing proven educational opportunities perhaps struck the wrong “tone.” (We can cut de Blasio some slack here though: it’s doubtful the Sandinistas had anything to say about charter schools, so the mayor was learning on the job.)

De Blasio represents a different kind of progressivism than Bloomberg’s version of city governance. For Bloomberg, that has advantages. Had he been followed by a more conservative mayor, his successor would have simply built on the better policies Bloomberg instituted while quietly scrapping the restrictions on fizzy bubblech. Instead, he’s being followed by an ideologue testing the limits the people will place on his airy radicalism, using New Yorkers as crash-test dummies.

That may leave New Yorkers pining for Bloomberg, but there’s a caveat: de Blasio has so far shown himself responsive to public opinion. If that ends up curtailing his leftist impulses, such populism will distinguish itself from the pompous elitism with which New Yorkers had in recent years been treated.


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