It is shaping up as a bad week for anti-gun New York Mayor Michael Bloomberg because not only are the defections from his Mayors Against Illegal Guns making headlines, his nanny-state attack on big sodas just lost its fizz with a unanimous appeals court ruling against his ban.
The billionaire mayor may also be in a bit of trouble as it appears the city’s Public Advocate’s office is scrambling to provide records requested by the Bellevue-based Second Amendment Foundation last month relating to his alleged use of city resources on behalf of MAIG.
Writing today for the Volokh Conspiracy, a popular civil rights website, Colorado attorney and gun law authority David Kopel noted about the soda pop ruling, “The Appellate Division’s decision is quite straightforward: ‘[T]he Board [of Health] did not bring any scientific or health expertise to bear in creating the Portion Cap Rule. Indeed, the rule was drafted, written and proposed by the Office of the Mayor and submitted to the Board, which enacted it without substantive changes.’ If the Board’s ban on the sale of sodas larger than 16 ounces were actually a health rule (similar, for example, to a ban on the sale of infected meat), there would not be so many exemptions for certain types of vendors.”
While MAIG does appear to be growing in numbers, the high-profile defections from the organization by several mayors who, according to Fox News, felt “the organization abandoned its mission statement of going after illegal guns, and instead used its political clout to go after lawmakers who supported gun rights.”
As for the documents sought by SAF, Executive Vice President Alan Gottlieb said he can afford to be a bit more patient, since it appears there may be so many documents that the city is having a tough time getting them all together. It better not be a stall, he cautioned.
“We’re not going to wait indefinitely, of course,” he stated. “The mayor’s office has an obligation to provide the information requested, because the public has a right to know what’s been going on.”
In the soda case, the court said Bloomberg overstepped his authority by imposing the ban, which riled a lot of thirsty people. Yet, that has been something of a Bloomberg trademark; presuming a kind of imperial authority on pet issues. Recall when he dispatched “private investigators” to sniff out alleged bad gun dealers in other states? That escapade brought a warning from the Bureau of Alcohol, Tobacco, Firearms and Explosives to knock it off because he had apparently endangered some actual on-going criminal investigations.
Perhaps Bloomberg should take the rest of the week off, relax under a shady tree and slurp on a Big Gulp.