Today’s Wall Street Journal is reporting that New York Supreme Court Judge Milton Tingling has blocked Mayor Bloomberg‘s ban on the sale of sugary drinks.

The article reports:

In his ruling, Judge Tingling found the Board of Health‘s mission is to protect New Yorkers by providing regulations that protect against diseases. Those powers, he argued, don’t include the authority to “limit or ban a legal item under the guise of ‘controlling chronic disease.’ “

The board may supervise and regulate the city’s food supply when it affects public health, but the City Charter clearly outlines when such steps may be taken: According to Judge Tingling, the city must face imminent danger due to disease.

“That has not been demonstrated,” he wrote.

The ban on sugary drinks over 16 ounces was to take effect tomorrow. Thank God for a judge with some common sense!