Pour yourself a tall cool one

Enjoy that beverage, kids, even in New York City:

New York City Mayor Michael Bloomberg vowed on Monday to appeal a judge's ruling that struck down his pioneering ban on large sugary drinks sold by the city's restaurants, movie theaters and other food service businesses just a day before it was to take effect.

The judge called the ban "arbitrary and capricious" in an 11th-hour decision that dealt a serious blow to Bloomberg, who has made public health a cornerstone of his administration, with laws prohibiting smoking in restaurants, bars and parks; banning trans fats; and requiring chain restaurants to post calorie counts.

Have one

Arbitrary and capricious are only the beginning of the problems with the law, of course. What made it arbitrary is that it didn't apply universally -- you could still buy a Big Gulp at a gas station in some benighted area like Staten Island. What makes it capricious is that there's nothing particularly magical about 16 ounces vs. a larger size.

There is no doubt that drink sizes have become larger over the years -- I used to think it was great when I could have a 16-oz. glass returnable bottle of Coke or Pepsi instead of a 12-oz. can, which were the only choices back in my youth. Nowadays the standard plastic bottle is 20-oz. or even larger. You may not need that much, but you know what? It's none of Bloomberg's business.

For his part, America's Nanny insists he will prevail, despite that meddling judge:

At a press conference, Bloomberg said the judge's ruling was "totally in error" and promised to keep pressing his effort to combat a growing obesity epidemic linked to heart disease and diabetes. He has successfully fought off past court challenges to the smoking ban and the calorie count rule.

"Anytime you adopt a groundbreaking policy, special interests will sue," Bloomberg said. "That's America."

Indeed. And God Bless America.