The court system of New York, pushed by Mayor Bloomberg, put the first dagger into the law to limit the amount of soft drink that could be sold in a cup. The reality that a movie-goer or a shopper at a local 7-11 would not be allowed to buy a 32-, 44-, or even a 64-ounce “coke” almost came to be. Thanks to a court decision this week, the freedom to drink all you want out of the same container is still intact. Bloomberg was quoted as telling the press that it’s not uncommon for good ideas to be challenged.
I can remember when a 32-ounce bottle of Coke was as big as it got. The bottle was made of glass, and you never saw someone drink from the bottle. They were what two-liter bottles are today: a storage unit for multiple servings. I can also recall the first time I bought a 44-ounce drink in a convenience store. My friends and I couldn’t believe how big the drinks were. I recall buying one just for the novelty. Back then, it was an unbelievable amount to drink.
Since I started driving and could go to a convenience store, I’ve drunk soda in the morning. I’ve never been a coffee drinker. I drank some coffee in law school, but never liked the taste. I always seemed to drink too much, too fast chasing after the benefits caffeine offers. The result would be that I was awake but unable to concentrate. I don’t ever feel the effect of the caffeine in the Diet Coke I drink, but I’m sure it’s there.
The idea behind the limitation on the size of drinks seems to be that the sugar in the non-diet varieties makes people obese. There’s no question that the amount of calories a large container of soft drink holds is probably not good for you. Regulation by the nanny state does indeed have the ability to slow down your consumption of calories – or do they? How about outlawing candy bars and deep fried Twinkies? When we as a society accept the idea that the government needs to be regulating the amount of food or drink we can buy based on the size of the container alone, we have truly lost much of our freedom.
Maybe the attempted regulation says more about our society. Maybe what this highlights is that, as a country, we have plenty of food and drink. People in starving nations don’t have to limit the amount of soda someone can buy in a single container. People in starving nations don’t have to worry about the amount of calories in their combo meal. They’re just happy to have something to eat and drink. Only in America are we concerned about having too much.
I haven’t read the judicial decision that saved the Big Gulp in New York City, and I probably never will. But I am glad the restriction was shut down. I like a big drink. I think I will go to Sonic and have a Route 44 to celebrate the restored freedom of the people of New York. We should always celebrate the freedom of other people lest ours be taken away. That’s true for everyone, especially those of us sucking on a Big Gulp way up in the CHEAP SEATS!
Bill James is a co-founder of the James Law Firm with offices in Little Rock, Conway and Fayetteville, Arkansas. His primary area of practice is criminal defense. He can be contacted at Bill@JamesFirm.com