Soda Ban

Overturning Bloomberg's Big Beverage Ban, Appeals Court Notes That Mountain Dew Is Not Malaria

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Today a state appeals court panel unanimously ruled that the New York Board of Health exceeded its regulatory authority when it enacted Mayor Michael Bloomberg's big beverage ban. The decision upholds a March 11 ruling by a state judge, Martin Tingling, who blocked the widely derided soda serving ceiling before it took effect after finding that it violated the separation of powers. At the time, Bloomberg declared Tingling's decision "totally in error" and expressed confidence that he would prevail on appeal.

In agreeing with Tingling that the Bloomberg-appointed board of health did not have the authority to regulate servings of sugar-sweetened beverages, the appeals court emphasized that such drinks, unlike communicable diseases, tainted food, and unsanitary water, are not inherently hazardous. "Although the legislature intended to rely on the Board of Health's expertise in identifying and determining how to regulate inherently harmful matters affecting the health of the City," the court said, it did not empower the board to enforce moderation in the consumption of products that are dangerous only when consumed to excess. "Since soda consumption cannot be classified as a health hazard per se," the court said, "the Board of Health's action in curtailing its consumption was not the kind of interstitial rule making intended by the legislature."

As further evidence that the board had usurped the city council's legislative function, the court highlighted the policy judgments reflected in the board's drink dictates. The regulations applied to restaurants, food carts, and snack stands, for example, but not supermarkets or convenience stores. They imposed a 16-ounce limit on servings of sugar-sweetened soda, lemonade, and iced tea, but not alcoholic beverages, fruit juices, fruit smoothies, milk shakes, or coffee drinks consisting mostly of milk. Those exceptions, the court said, "evince a compromise of social and economic concerns, as well as private interests"—the sort of balancing that is supposed to be done by a legislative body, not an administrative agency.

More fundamentally, a policy of tackling obesity by interfering with people's drink orders entails a value-laden weighing of competing concerns:

In essence, [the drink rule] prescribes a mechanism to discourage New Yorkers from consuming those targeted sugary drinks by dictating a maximum single portion size that can be made available in certain food service establishments. Such mechanism necessarily looks beyond health concerns, in that it manipulates choices to try to change consumer norms. Indeed, since a basic premise of the ban is that New Yorkers consume excessive quantities of sugary drinks, the Board's decision to regulate only these drinks requires that any health concerns be weighed against consumer preferences for such drinks. Instead of offering information and letting the consumer decide, the Board's decision effectively relies upon the behavioral economics concept that consumers are pushed into better behavior when certain choices are made less convenient. For instance, the regulation makes the choice to drink soda more expensive, as it costs more to buy two 16-ounce drinks than to buy one 32-ounce drink. As a result, the Board necessarily concluded, as a threshold matter, that health concerns outweigh the cost of infringing on individual rights to purchase a product that the Board has never categorized as inherently dangerous. As the intense public debate on the ban bears out, this threshold decision to regulate a particular food is inherently a policy decision. Such decision necessarily reflects a balance between health concerns, an individual consumer's choice of diet, and business financial interests in providing the targeted sugarydrinks. In this context, the "Soda Ban" is one especially suited for legislative determination as it involves "difficult social problems," which must be resolved by "making choices among competing ends."

Unlike Tingling, the appeals court did not address the issue of whether the beverage regulations are "arbitrary and capricious" under state law, although the argument for that conclusion is based on much the same evidence.

Bloomberg, who leaves office at the end of the year, says he will ask the New York Court of Appeals, the state's highest court, to overturn today's decision. Although the ruling would not prevent the city council from enacting similar drink limits, Bloomberg does not seem inclined to humble himself by seeking legislation. Asked about the possibility, a Bloomberg spokeswoman replied, "The route that we have gone is through the Board of Health."

Reuters says "it remains unclear whether [Bloomberg's] successor will take up the sugary soda issue." City Council President Christine Quinn, a leading contender, opposed the soda ban, while one of her rivals for the Democratic nomination, Public Advocate Bill de Blasio, supported it. 

You can read the appeals court's decision here.

Reason TV asked New Yorkers about Bloomberg's pint-sized prescription the day it was announced:

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  1. …”Bloomberg does not seem inclined to humble himself by seeking legislation.”…

    You know who else would rather not humble himself through legislation.

    1. King George III?

      1. C’mon you guys. Begins with an “O”!

        1. Odin?

        2. Oprah?

        3. O’Reilly?

          1. Jeeze, do I have to do everything?
            Oz! The Wizard, for pete’s sake!
            (oh, and the guy Obozo I)

        4. Osama?

    2. my best friend’s sister makes $85/hour on the laptop. She has been fired for 6 months but last month her check was $19891 just working on the laptop for a few hours. Read more on this site… http://WWW.CNN13.COM

      1. So you’re saying that your best friend’s sister is a slacker, barely working 10 hours a week.

        If *I* were getting $85 and hour your damn right I’d be trying to get my 40.

    3. my roomate’s mother-in-law makes $66 hourly on the computer. She has been out of work for 8 months but last month her pay check was $19679 just working on the computer for a few hours. Go to this web site and read more .. http://www.cnn13.com

  2. Oh noes, Bloomey has a sad. But there is hope, now he can spend all of his fortune and get humbled even more by going all out after the 2nd amendment.

    1. Then, with any luck, we’ll read that the appeals court emphasized that such drinks firearms, unlike communicable diseases, tainted food, and unsanitary water, are not inherently hazardous.

  3. This defeat is too big for Bloomberg to swallow in one gulp.

    1. Ok, that was pretty good.

  4. Here’s to hoping that one day soon Bloomberg has a mental breakdown and goes the way of Howard Hughes.

        1. “server not found”
          But:
          Vote for Boyle/
          Son of toil/
          Honest Hal/
          The Arabs’ Pal!

  5. OT: “Orange is the new Black” is a pretty decent show. Didn’t think I’d be into the whole lesbian prison thing, but with Donna it’s ok.

    1. Cool. I’ll check it out tonight.

    2. The cast is pretty good. They even got Kate Mulgrew, aka Captain Janeway.

      1. She’s really a decent actress; or at least, way better than I remember her being in Voyager.

        OT: Voyager was a terrible show.

        1. OT: Voyager was a terrible show.

          This sentence is never off topic.

          1. It deserves to be repeated again and again. If it hadn’t had Jeri Ryan, would have still just been a terrible show, or the most terrible?

            1. Hard to compare; most of the most terrible shows are cancelled at the pilot, I would guess.

            2. I wonder how many ratings points came from her bosom alone?

            3. Epi, I think I speak for everyone here when I say that far and away the greatest science fiction show of all time is Star Trek Enterprise.

              Discuss.

              1. The Mirror Universe episode was pretty great television. Too much time travel though, but what do you expect from Berman and Braga?

                1. VOYAGER IS THE GREATEST SCIENCE FICTION OF ALL TIMES.

                2. I was just thinking that the time travel crap alone is what doomed that show. When they dropped it, it started getting better. But too late.

                  1. Voyager, on the other hand, was irredeemable crap from day one.

                    1. So guys what do you think would be a good idea for a new Trek TV show?

                    2. So guys what do you think would be a good idea for a new Trek TV show?

                      A series based on a Klingon ship, duh!

                    3. A series based on a Klingon ship, duh!

                      This idea is actually genius.

                    4. I always hated the Klingon-themed episodes.

                    5. I’ve already answered: a sitcom with Kirk and Khan forced to room together in 1970s New York.

                      Barring that, a series set in the TOS era that did not focus on Starfleet.

                    6. You don’t enjoy Sci-Fi shows where the characters eventually turn into lizards and have little lizard babies that are never mentioned again?

                    7. You don’t enjoy Sci-Fi shows where the characters eventually turn into lizards and have little lizard babies that are never mentioned again?

                      If you’re talking about the original V series, then I enjoyed the hell out of it.

                    8. HA HA HA HA HA HA!

                      Next you’ll be tell me they made a sequel to Highlander!

                    9. That’s a damned lie. You take that back.

                    10. I was thinking of the TNG episode where everybody but Datums devolves into something from their planet’s past.

                    11. Yeah, that was a great episode!

                      Well, I was a kid at the time but I enjoyed it.

              2. Irish, you are nothing more than a scoundrel and a rogue who only merits a horsewhipping.

                1. VOYAGER TIME TRAVEL EPISODES WERE THE BEST DRAMA ABOUT THE HUMAN CONDITION IN STORYTELLING HISTORY.

                  1. What FoE is trying to say is: Jeri Ryan.

                    1. Let’s face it, Ryan beat Blalock hands down. And that’s not a dig on the Blalock. Enterprise did everything they could to take away from appearance. (Except for the evil mirror universe Tholian Defiant episode. Holy shit.)

                    2. Except for the evil mirror universe Tholian Defiant episode. Holy shit.)

                      Yep.

                    3. I love that the two women waste all of this time fighting, and the dude just cleans up the mess by shooting one of them in the back.

                      I feel like there’s a parable about gender relations in there somewhere.

                    4. They’re real and they’re spectacular, but I confess I had a thing for Kes.

                      If anyone else out there did, do not Google current pictures or ask what happened to her after Voyager.

                  2. So guys what do you think would be a good idea for a new Trek TV show?

                    A show that takes place 20 years after the events of TNG and follows the voyages of Captain Wesley Crusher and his first officer Alexander, son of Worf.

                    1. A show that takes place 20 years after the events of TNG and follows the voyages of Captain Wesley Crusher and his first officer Alexander, son of Worf.

                      Well, I can’t compete with that.

                    2. New characters will include a Ferengi ensign who rejects the soulless capitalism of his people to join Starfleet to serve the greater good, an openly gay Klingon tactical officer that will raise many issues of homophobia, and a woman chief engineer with Asperger’s to fulfill the Spock/Data role.

                    3. New characters will include a Ferengi ensign who rejects the soulless capitalism of his people to join Starfleet to serve the greater good, an openly gay Klingon tactical officer that will raise many issues of homophobia, and a woman chief engineer with Asperger’s to fulfill the Spock/Data role.

                      So I take it they’ve hired you to create it?

                    4. Don’t give them any ideas.

                    5. A show that takes place 20 years after the events of TNG and follows the voyages of Captain Wesley Crusher and his first officer Alexander, son of Worf.

                      I think we also need to give extensive screen time to the political opinions of Wil Wheaton.

                    6. A show that takes place 20 years after the events of TNG and follows the voyages of Captain Wesley Crusher and his first officer Alexander, son of Worf.

                      Their chef is a Talaxian that is distantly related to Neelix, and their ship’s counselor is Lwaxanna Troi. They have an android on board which is a reproduction of Data’s “daughter”, and their ship’s voice is done by Tom Paris.

                    7. THREE SEASON STORY ARC WHERE BIMBOS STEAL ONE OF THEIR BRAINS AND THEY HAVE TO TAKE THE BODY TO GET IT BACK. Complicated by the fact that Captain Crusher’s body is switched with that of a spurned lover (played by Ashley Judd.)

                    8. Can the ship have a glowing red eye that moves back and forth?

                    9. “…and their ship’s voice is done by Tom Paris Arnold.”

                      /FTFY

                    10. “…and their ship’s voice is done by Tom Paris Arnold.”

                      /FTFY

                2. Irish, you are nothing more than a scoundrel and a rogue who only merits a horsewhipping.

                  Wow, you really know what Irish likes.

                  1. Well, he’s left enough obscene voice mails in my mailbox for me to guess how his mind works.

                    1. Well, he’s left enough obscene voice mails

                      Is there anyone he hasn’t done this to?

              3. Star Trek Enterprise.\

                DON’T TALK SHIT ABOUT CAPTAIN QUANTUM

                1. A Serious Man| 7.30.13 @ 9:48PM |#

                  Except for the evil mirror universe Tholian Defiant episode. Holy shit.)

                  Yep.

                  I think I’ve seen a couple pornos that started off like that…

                  1. Sometimes fan service can be a beautiful thing.

  6. I know this is a win and everything, but I think it’s pathetic that this could happen in the first place in the U.S.

    1. Feeling sad? Here, have some Mackenzie Rosman of 7th Heaven fame.

      America, what a country!

      1. In Soviet Russia Link Post YOU!!

      2. She’s no Jessica Biel.

    2. Have you just not read the headlines in the past 14 years?

      Every day feels like “fucking really?”

  7. Those judges are impressive. They can write a long, learned discertation on their opinion. Whereas I just would would have written “That’s fucking stupid. Now, get the hell out of here!”

    1. (although I would have had spell-checking)

  8. Of course Mountain Dew is not malaria, it is malaquae.

  9. Appeals Court Notes That Mountain Dew Is Not Malaria

    Wait, does this mean the court believes Government can regulate malaria?

    1. Oh government. Is there anything you can’t do?

    2. Sure! It can regulate the hell out of DDT, thereby ensuring there is more malaria!

  10. OT:

    Christie continues attack on Paul

    This guy is crucifying himself. WTF? Look at the comments, almost 100% pro Paul. I don’t think Christie is too smart, and he sure as hell is not going to make up for that on appearance.

    Strike anything I previously said about Christie being a GOP front runner in 2016, he’s done, stick a fork in fat boy.

    The only plan he can have at this time, unless he is completely retarded, is to be Hitlarys bitch boy on the D ticket.

    1. You overestimate GOP voters.

      1. In this case, I don’t think so. He’s totally screwed as a Republican. There wasn’t much left for him to do, to totally blow it, after the Obama kissy huggy fest, but he’s done it now.

        1. After the Obama/Christie smoochfest I came in here and basically said the same thing: Christie sold out his future as a national GOP figure to get bacon for NJ.

          Blah blah blah, no one will remember this.

          Yada yada, he’ll change his tune and turn right back into being a nemesis of TEAM BLUE.

          Nope. No way. He’s gotten his 13 pieces of silver and he is not turning back. I imagine he sees himself as some sort of modern day Republican Scoop Jackson…or something.

            1. Sequester.

            2. LOL. What’s 17 pieces between friends?

          1. Look at inflation, diluting even payments to traitors.

        2. I agree. What he might be able to do, and I’m not kidding, is secure the Democratic nomination.

          1. Did John tell you that?

            I’m sure president romney will be shocked to hear this news.

            1. I’m not saying he’ll switch, but I suspect the Democrats will seek a more “moderate” candidate to deal with the economic problems that will likely be significantly worse next election. They’re not swimming in credible candidates.

              1. The Proglotards have completely taken over the Dem party, and then they jumped the shark. There is no going back for them, they’re insane.

                Just prepare for the final battle of good vs. evil. Hillary vs. the Paulites on the plains of Armageddon, aka, the national mall.

                1. I just wonder what the actual number of progtards is. Sometimes the smaller a movement is, the louder it gets — think Ron Paul campaigns (disclaimer: was sometimes part of that noise).

                  I’m wondering (hoping) the progtards are waning. They got a tax increase, lost on guns, lost on sequester, and are about to lose on SYG.

                  They might have another burst of heroic stupid in them, but…

              2. Do you wanna know the secret to making political predictions?

                Make a scale of realistic outcomes, with 1 being awesome and 10 being the worst. Now imagine what an 8 would be. That is what is going to happen.

                The next republican candidate will be some moderate douchebag. The dems will run hillary. She’ll win, but with a split house.

                Even if the names are wrong the consequences will be the same. The american people have spoken and they have proclaimed a need for a Caesar. We will have another strong executive aided by a castrated judiciary and congress. The inexorable march towards soft totalitarianism will continue unimpeded.

                Government only grows. Votes, no matter for whom, are like miracle gro for the state.

                1. The next republican candidate will be some moderate douchebag. The dems will run hillary. She’ll win, but with a split house.

                  Agree with you on that, GBN. But I have to disagree with you, at least somewhat, on the rest.

                  I see Libertarianism on the rise. I also see a government who is going broke and an impending economic disaster. Which will end the progressives doctrine for decades, we can hope, forever. And I will be the first to admit, this could be very ugly and a lot of people will not survive it.

                  But, yeah, realistic outcomes, not emotional wishes, is the key to predicting what will happen. I do see Hillary winning in 2016. I also see things continuing to decline, and see public sentiment turning against big government.

                  1. I also see a government who is going broke and an impending economic disaster.

                    I agree with this, I just think that we’ve got another hundred years before shit gets heavy. The entire world depends on our stability, it’ll take a lot to seriously endanger the entrenched interests in Washington.

                    1. I think it’s an outside possibility that a limited government candidate might succeed, especially if he focuses on getting the government’s fangs out of the economy’s neck. But even winning an election or two won’t be enough if we don’t generally start believing in limited government, individual rights, and free markets. At least to a much greater amount than we do today.

                    2. 100? I think you added an extra zero there.

                    3. I’d be interested in hearing a plausible scenario whereby the American Empire falls into chaos in the next ten years.

                      When we’re ten years out everybody will know.

                    4. Yeah, no way this can go on for another hundred years. We’ll be ‘lucky?’, I say unlucky if we last another 10.

                    5. And how many years have people been saying that exact thing.

                      Empires don’t fall overnight.

                    6. When we’re ten years out everybody will know.

                      Empires don’t fall overnight.

                      We completely agree with this statement.

                      Signed,
                      Germany, 1935
                      U.S.S.R. 1978

      2. You overestimate GOP voters.

        Tulpa certainly did.

    2. Nice Godwin!

      1. I didn’t say that Christie is a Nazi.

        1. Hitlary?

          1. Nazis are like your nice elderly neighbor who baked you cookies as a child growing up, compared to Hillary.

        2. You didn’t not say it either. There was a fat Nazi, you know.

          1. Ok, you did it now.

            Do you know who else was a fat Nazi?

            1. Ernst Julius G?nther R?hm

              1. That’s the gay Nazi. The fat Nazi is the pilot dude.

                1. Ooooooooohhhhhh Goering!

                  1. I don’t recognize that spelling. His Fat Fucknedness gets an umlaut.

    3. “Maybe he should start cutting the pork barrel spending he brings home to Kentucky,” Christie said at a press conference announcing monetary grants for homeowners affected by Hurricane Sandy. “But I doubt he will, because most Washington politicians only care about bringing home the bacon so that they can get reelected.”

      One, appropriation bills originate from…that’s right, the House of Representatives. And Rand has pretty dutifully voted against pork in the Senate, not that it does much good with Hal Rogers in the Kentucky delegation.

    4. I’m telling you, Christie and Paul are doing this deliberately to grab all the att’n attacking each other so nobody’ll pay att’n to anybody else for the prez nom in 2016.

  11. I want to know the name of the sycophantic turd in Bloomberg’s cabal that took the time to glue those stacks of sugar cubes together for that hero shot.

    And when Bloomberg departed the shoot for his 0th level of hell, did that little twerp squirrel them away in his Bilbo Baggins pants?

  12. And he’s still pursuing this ban? How is he not completely embarrassed about taking such a retarded issue so far. I guess we can be thankful he’s devoted so much time to the failure instead some other fascist endeavor.

    1. No consequences, no change.

    2. I think that being a complete control freak to the extent that you are so obsessed with what everyone else is doing, beyond anything else that is going on around you, even your own desires and needs, eventually drives one mad. That’s why tyrant control freaks like this eventually go mad, and ensure, in the end, their own destruction. Unfortunately they also many times, kill millions or even tens of millions before they meet their own doom.

      Obama really worries me, a lot more than Bloomberg, of the type who might eventually progress into a totally sick psychopath who could commit unspeakable acts of terror in order to help people. The guy is getting extremely creepy.

      Bloomberg is a sick nanny, no doubt, but he just doesn’t have that degree of creepiness that Obama has.

      The only one I can think of that might be worse, in the USA, besides McCain, and he’s done on the national stage, is Hillary.

      1. And these people could end civilization with a command as president.

        1. And just think, Hillary could do it the next time that Willy gets a BJ from an intern. She could get us all killed over that. Do we really want that as the commander of the most powerful nuclear arsenal? I wouldn’t trust that bitch with my weed whacker.

          1. I remain stunned that she ever got elected or appointed to any office. Along with the president.

            1. And they all just keep getting shuffled around the ever expanding political offices available.

              Our Republic has been hijacked by these criminals.

              1. I’ve long thought the best summary of the last 100 years is that we experienced a slow coup d’?tat.

      2. Elizabeth Warren. After she puts the rat cage on you, you’ll swear up and down someone helped you couldn’t wipe your own ass.

  13. I love this song, keep hearing it on commute home from work:

    Howl

  14. Needs moar pictures:
    reporter ‘terminated’ for confessing to going bra-less.

    1. 1. I’ve gone bra-less during a live broadcast and no one was the wiser.

      Yeah, that’s a good sign that she’s rockin’ As if not AAs.

      1. sarcasmic would approve. sorry, sarc, you brought that on yourself by making up look at pics of anorexic bitches with no fucking tits.

        1. Don’t forget the horse faces. That’s the worst part of what he inflicts upon us.

          1. Horse faces and no tits go right along with no ass.

      2. I’ve gone braless during a live broadcast too. Of course, I’m male, and it was a radio broadcast.

      1. She’s cute as hell.

        Well, we’ve all seen women dressed up, and then we’ve seen em the next morning with no makeup and fucked up hair. Or at least some of us has.

        That first pic is hot.

        1. I give the first pic a 7, and the next, a 5.

          So, yeah, averages work.

            1. Meh, I has a disappoint. The first pic painted her as a lot hotter than she is. I’m going with ACs original assessment now, 6. She could still get a 7 with a good jeans pic showing nice ass, but I don’t see it happening.

              1. Shea’s a milfy 7, easy. There is a decent as shot in the Daily Mail story with her boy in the background.

    2. And to think Reason canned Lucy for not going topless at the Go Topless Day last September. 🙁

  15. Completely OT:The Buckwheat Groats will be at the 2013 Gathering of the Juggalos.

    My mind is blown.

    1. I was laughing my ass off, the part about fuck the trees…

      1. They are comedic geniuses.

        1. Fuck man, I’ve already watched that 3 times, forwarding to friends. Thanx.

            1. Checking it out… can’t imagine it being funnier than shooting the tree hugger…

  16. Good news for audiophiles?

  17. Blecch, I’ll take a crab juice!

    1. I’m not so sure what was so bad to make you want a crab juice, but I ain’t askin.

  18. Sloopy is out in the middle of nowhere in AZ visiting with someone by the name of Steve Smith. He says it is for business reasons, but I am worried he is lying to me.

    1. Take your daughter, get out of the house.

      Get out of the house now! You are no longer safe there!

      If you start talking about rape in all caps, we’ll know he’s gotten to you.

      1. GET OUT, THE POST WAS MADE FROM THE UPSTAIRS BEDROOM!!!

        1. Then who was phone?

          1. Who phone? Who was phone?

    2. It’s okay; they’re just bashing celebrity mailboxes.

    3. At least it isn’t STEVE SMITH. Did he bring fishing equipment, but never brings home any fish? The documentary Brokeback Mountain leads me to believe this is a sure sign he’s stepping out on you with zombie Heath Ledger.

      1. So, this is how I find out that I am just a beard. Somehow I hoped it would be more dramatic. Well, at least he has good taste in men.

        1. At least it explains why he didn’t answer my call. And here I was all set to kill you and the children.

          1. Meh, sloopy was planning on disappearing you into the white sex slave trade. What do you think happened to groovus?

            1. His gluteus was maximus!

        2. If you want dramatic, his mother and Thanksgiving need to be involved. Possibly include a super Republican uncle who thinks his opinions are coming from God’s lips to your ears.

    4. He’s lyin. He told me on the late nite posts yesterday, that he was going to see some guy named Warty. Something about sheep.

    5. The reports of my RAPE are greatly exaggerated.

      sent from my iPhone

      1. Look, sloop, we know that Warty made you say that… but, we have to think about the sheep!

        1. Did Mr Pile move to rural Arizona?*

          *I keed! I keed!

    6. Where exactly – there’s a whoooole lot of nowhere in AZ.

  19. Sometimes man, you jsut have to roll with it.

    http://www.Anon-Top.tk

    1. I don’t think that’s in Bloomberg’s character, Anonbot, but we’ll see.

  20. Here are 226 examples of Barack Obama’s lying, lawbreaking, corruption, cronyism, etc. http://danfromsquirrelhill.wor…..obama-226/

    1. You only found 226?

    2. They’re all excusable because “greater good”.

      1. Warrren| 7.30.13 @ 10:59PM |#
        ‘They’re all excusable because BUUUUSH’
        Fixed.

    3. Shreek will appear to counter this in 3…2…1…

  21. It’s about time somebody started asking the serious questions that affect our nation:

    Can superhero parodies rescue the porn business?

    We all know he can leap tall buildings in a single bound and bend steel in his bare hands. So perhaps it should come as no surprise that during a time of crisis even the porn industry turns to Superman.

    The same week in June that Warner Bros. released the Superman blockbuster “Man of Steel,” Vivid Entertainment Group put out its own superhero flick, “Man of Steel XXX: A Porn Parody.”

    Although it’s safe to assume that “Steel XXX” didn’t quite match the $116.6 million opening weekend of the Warner Bros. hit, if it performs anything like 2010’s “Batman XXX: A Porn Parody,” it will become the most-rented and highest-selling porn video of the year. At a cost of more than $100,000, it will also be one of the most expensive porn movies made.

    The movies may also help save an industry looking to rebound from years of Internet piracy, illegal downloads and amateur videos that have caused a serious financial hit, said Mark Kernes, senior editor at Adult Video News. The business has gone from annual revenues of as much as $12 billion a few years ago to about $7 billion today.

    Big budget is not the way to bolster the industry. Cheap, easy to produce porn is what took a bite of plot porn in the 2000s.

    1. The best pr0n is the amateur stuff, by far. Professional pr0n is boring crap.

      1. Market failure? 🙂

        1. It may be all about certain people thinking that they can, as a small minority, do better than everyone else. Sound familiar?

          My take, it’s just that there are going to be more interesting women, or whatever is your thing, among billions of people, than among a small minority.

          Which is why I have always said, and still say, I can walk down the streets of my city or my wifes city, in Brazil, and see many women who are far hotter than any actress in Hollywood, on any given day.

          1. What part of Brazil is your wife from?

            1. Bahia. But our place there is in PE, Recife, Boa Viagem.

              1. Here, for some perspective.

                Recife

                We can walk to the mall or the beach in less than 10 minutes, I think actually, less than 5.

                Seriously, the scenery(wiminz), is just unreal.

                1. Yeah, I’ve always wanted to visit, and I’ve heard great things about the scenery (literally and figuratively). Haven’t met too many Brazilian girls, but I’ve been impressed by the ones I have

                  1. I love Brazil, and the women. Obviously, err, only one of them, I married her.

                    You should come on down, seriously, meet you down there sometime.

                    I’m trying to fix my son up with one of them, after his 675th failure with Murikan wiminz….

                    1. I thought Murikan’s wymmen were Asians.

                  2. I have known a few Brazilian women and they all have been very attractive, but with one glaring flaw that is kinda distracting. Usually a really big nose or a unibrow.

                    Now, I am neither picky or attractive enough that it is a deal breaker for me. But it is just something I have noticed.

              2. Bahia

                Damn. I don’t even know you and I hate you now.

                1. You hate Bahianas and their man hars? Why?

      2. yeah but the lighting always stinks

        1. This. For fucked up niche shit, the production value is at best mediocre, and almost always poor to very poor.

    2. “Can superhero parodies rescue the porn business?”
      That is a question I’ve been dealing with for, oh,…….
      not long enough to measure.
      Porn is not going away, regardless of who does it under what circumstances. Evolution tells us that.

    3. Not only are the sets on Hustler’s “This Ain’t Star Trek” pitch perfect, the plot of the porno follows several canon conventions.

      You have to admire that combination of perversion and geekiness; a combination I thought once only existed within myself.

      1. I’m waiting for the XXX version of Pigs in Space.

      2. “…a combination I thought once only existed within myself.”

        You’ve lived a very sheltered life then.

      3. Fascinating if a porn parody of the series is more true to its character than the recent rebotots.

    4. What in Davy Jones’ locker did ye just bark at me, ye scurvy bilgerat? I’ll have ye know I be the meanest cutthroat on the seven seas, and I’ve led numerous raids on fishing villages, and ravished over 300 wenches. I be trained in hit-and-run pillaging and be the deadliest with a pistol of all the captains on the high seas. Ye be nothing to me but another source o’ swag. I’ll have yer guts for garters and keel haul ye like never been done before, hear me true. You think ye can hide behind your newfangled electro-mechanical difference engine? Think twice on that, scallywag. As we parley I be contacting my secret network o’ pirates across the sea and yer port is being tracked right now so ye better prepare for the typhoon, weevil. The kind o’ monsoon that’ll wipe ye off the map. You’re sharkbait, fool. I can sail anywhere, in any waters, and can kill ye in o’er seven hundred ways, and that be just with me hook and fist. Not only do I be top o’ the line with a cutlass, but I have an entire pirate fleet at my beck and call and I’ll damned sure use it all to wipe yer arse off o’ the world, ye dog. If only ye had had the foresight to know what devilish wrath your jibe was about to incur, ye might have belayed the comment. But ye couldn’t, ye didn’t, and now ye’ll pay the ultimate toll, you buffoon. I’ll shit fury all over ye and ye’ll drown in the depths o’ it. You’re fish food now.

      1. What would Davey Jones think of Ryan Braun?

    5. The porno spoof of the 1960s Batman series was legitimately funny and it is a perfectly watchable movie even if it had all the sex taken out because the jokes worked and it was obviously made by people who loved the original series.

  22. Kudos to Nick Gillepsie for attacking the modern day manifestation of that most peculiar American phenomenon, the scarlet letter ethic, as personified by the envious, logically challenged, baseball scribes such as Dan Shaughnessy and Mike Lupica. Curt Schilling may be a crony capitalist loser, but he nailed it when describing the likes of Shaughnessy and Lupica and John Saunders and Bob Ryan as sports hacks who loathe the practitioners of a game whom they deem as their intellectual and social inferiors.

    Libertarians should applaud Ryan Braun for exercising his unalienable right to use PEDs as the same trumps any language to the contrary in a contract not executed in good faith by other parties who receive government goodies and exemptions. Too fucking bad that the communist CBA specifies that a ballplayer can not use HGH or other PEDs.

    In a free society, we do not take property of A in order to enforce contracts predicated upon communist principles.

    1. I don’t care who uses PEDs on an individual level and recognize many in professional sports use drugs banned by their contracts and get away with it…

      But I don’t know why libertarians would applaud it.

      If baseball player X signs a private contract to play baseball with private company Y and as part of that contract they promise not to use PEDs, they shouldn’t use them and no one should applaud them for violating their contract should they decide to use PEDs.

      I thought that it was pretty simply – using any method to win any game which everyone knows before hand is against the rules is cheating and nominally cheating/lying/other fraud is thought to be wrong in society.

      & note normally this behavior would be seen as wrong irregardless of whether the rule is “stupid” or not – all the players entered into all these contracts freely and thus breaking the rules after-the-fact is wrong.

      & claiming they have to break the rules because everyone else is is an excuse as old as language itself – it’s used today to deflect criticism from Obama – only its flavor is more “Booooosssshhh” than “everyone else does it”.

      Maybe I’m missing something, but applause? Nah.

      NOTE – I don’t believe PEDs (or other drugs) should be illegal for adults to use, but that’s a separate question from whether players should be applauded for behavior that is essentially cheating and against their freely entered contractual obligations.

      1. No, libertarianism is first and foremost about the NAP, not the enforcement of rules.

        The contracts to which you refer were not entirely negotiated by private party A and private party B. The contracts were not negotiated by two private parties who BOTH do not receive government goodies such as an anti-trust exemptions or public subsidies to build stadia and luxury boxes and infrastructure (hello Bob “I married into a family whose patriarch had already established a multi million dollar business” Kraft).

        Some of my property and that of my wife and that of my parents and that of my friends has been confiscated so that millionaire and billionaire baseball owners can have their ballparks. Some of my money and that of my wife and that of my parents and that of my friends has been confiscated so that millionaire and billionaire baseball owners can have sweet heart lease and concession deals.

        Some of my money and that of my wife and that of my parents and that of my friends has been forcibly taken so that millionaire and billionaire baseball owners can have the necessary infrastructure to link fans to their ballparks. Some of my property and that of my wife and that of my parents and that of my friends has been filched so that millionaire and billionaire professional sports franchise owners can black out the local television broadcasts in order “to protect the gate”.

        1. Some of my money and that of my wife and that of my parents and that of my friends has been purloined so that millionaire and billionaire baseball owners can have anti-trust exemptions protecting their broadcast and labor regimes.

          One party to the contract, MLB and its fellow rent seeking crony capitalist franchisees, has legalized protection immunizing it from competition and anti-trust enforcement while the other, sometimes already a millionaire and sometimes not, desires to please the ultimate customer, the fans, with a better performance.

          Please, spare me the melodrama about the rules.

          1. The proposition that A’s property can be confiscated so that B can adjudicate C and D’s contract disputes is antithetical to libertarianism and a free society – particularly where B asserts, by force, that it has a monopoly on adjudicating such disputes and where B has immunized C’s behavior from the rules that B would otherwise impose upon D and all other parties.

  23. OK, let’s plop it here:
    http://blog.sfgate.com/techchr…..espassing/

    When was the last time you heard of an actual “citizens arrest”? Maybe civics class X years ago? Well, the cabbies are really pissed that there might be competition:
    “Ride-share drivers cited at SFO for trespassing”
    “Airport officials have been making citizen’s arrests and issuing citations…”
    I can remember riding in an SF cab when it was pleasant. About the time I saw a biker stop at a stop sign; say, some time in 2007.
    BTW, one thing I notice is the claim that the ‘ride-share’ drivers won’t be ‘safe’. Well, I’m pretty sure that driving the car you own is probably gonna mean a safer ride than an idiot with a ‘rented’ car he can’t exchange.

    1. Just like a better bet is watching a baseball game where the players are free to use all the PEDs they can as opposed to a game where “its fair and all the players are on a level playing field”.

        1. Walk away sevo, just walk away. Here is some soothing music to listen to instead.

          1. Ryan Braun would turn her away if the service sent her over to his hotel room, particularly if he is just peaking on a cycle.

            Shit, I think sevo would turn her away-even if tony paid.

  24. How about all the crocodile tears for the loser employed by the drug testing companies? A rugged individual does not find himself employed by a fucking drug testing company.

    1. I shall shed no tears for the worthless parasites.

  25. In a related story:

    Suppose you’re a spokeswoman for Anthony Weiner. A former (female) intern for Weiner has published an unflattering article about your boss. So what is your reaction? You go on a tirade to a journalist calling the ex-intern a “slutbag,” a “twat” and a “cunt.” Then you complain when your reactions are published, because your reactions were supposed to be off the record (though the journalist you talked to denies this).

    I’m storing up this stuff for the next time some New Yorker talks shit about the South.

    http://www.politico.com/story/…..94959.html

    1. The thing I don’t get about the entire Weiner escapade, is this.

      You lie without shame all of the time: OK

      You steal tax payer money and give it to your friends and cronies: OK

      You constantly vote for laws that are to your advantage as a political elite, and to the detriment of your constituents: OK

      You send pictures of your dick to some women: NOT OK!

      This country is totally fucked up as far as sense of priority is concerned.

      1. It’s all about what the expectations of the electorate are.

  26. A follow-up to the post about the Department of Justice Web site honoring a marshal and posse member who died trying to capture or hold fugitive slaves:

    A future U.S. marshal said that James Batchelder got what he deserved. Batchelder was the guy who died preventing the liberation of Anthony Burns.

    Frederick Douglass, former slave an future Marshal of the District of Columbia, wrote this:

    “We hold, therefore, that when James Batchelder, the truckman of Boston, abandoned his useful employment, as a common laborer, and took upon himself the revolting business of a kidnapper, and undertook to play the bloodhound on the track of his crimeless brother Burns, he labelled himself the common enemy of mankind, and his slaughter was as innocent, in the sight of God, as would be the slaughter of a ravenous wolf in the act of throttling an infant. We hold that he had forfeited his right to live, and that his death was necessary, as a warning to others, liable to pursue a like course.” – Frederick Douglass’ Paper, June 2, 1854.

    http://bit.ly/1ccpS3d

    1. From the Web site of the US Marshals Museum (a private museum):

      “Douglass’ law enforcement career began in 1877, when he was appointed as police commissioner for the District of Columbia. Later that year, he was appointed U.S. Marshal for the District by President Rutherford B. Hayes, the first African American selected for that office. In an article published in the Marshals Monitor, Dave Turk, Historian for the U.S. Marshals Service, wrote, “His place in society had come full circle. Runaway slaves-as he once was-were routinely chased down by U.S. Marshals, and here he was serving the government as that very same emblem of the law.” 1 Douglass served as Marshal from 1877-1881.”

      http://www.usmarshalsmuseum.com/frederick_douglass

      1. Excuse me – US Marshals Museum Web site – I’m not sure they’ve finished the actual museum per se.

  27. “Youngest “Seventh Heaven” Star Posing for Maxim”

    Why is this popping up on the 24/7 Newsfeed?

    The handful of gay men and straight women on this site demand answers!

    1. YOU DON’T SPEAK FOR ME!

      Actually, now that you mention it why is that 24/7? Ok, you speak for me a little bit.

        1. Just like seeing a grown up Gracie Sheffield in Californication.

  28. In a related development, New Jersey Governor Chris Christie has declared an open season on mosquitoes that drink more than 12 ounces of blood.

  29. That’s Milton Tingling, not Martin. He was my classmate at Horace Mann School.

    1. I mean Milton was. I never knew a Martin Tingling.

  30. We commend the unanimous decision reinforcing the lower court’s ruling regarding the unconstitutionality of New York City’s proposed soda ban. Now that there is legal consensus on this issue, we look forward to collaborating with city leaders on solutions that will have a meaningful and lasting impact on the people of New York City.

    -Maureen Beach, American Beverage Association

  31. Tough shit, Bloomie! I was hoping from the get-go that this would be the result.

    Unfortunately, this kind of ‘gentle feedback’ is something that won’t change your mind or attitude, which is a real shame.

    But predictable.

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