The regulations are “fraught with arbitrary and capricious consequences,” the
judge wrote. “The simple reading of the rule leads to the earlier acknowledged
uneven enforcement even within a particular city block, much less the city as a
whole….the loopholes in this rule effectively defeat the state purpose of the

Great news: New Yorkers no longer have to remember to buy two 8-oz. diet Cokes. Now let’s ask the courts to take on salt and pain killers in hospitals.