NYS Restaurant Association Files Suit in Federal Court to Again Stop NYC Government Intrusion

“Command and Control” approach is first step toward government telling New Yorkers what they can and cannot eat says NYSRA

ALBANY, NY (01/31/2008)(readMedia)-- The New York State Restaurant Association (NYSRA) filed suit in federal district court in Manhattan today challenging a New York City health department regulation scheduled to go into effect on March 31, 2008 which dictates how restaurants must provide information to their customers. NYSRA argues that restaurants already provide much of this information and that the New York City bureaucracy has far exceeded its authority which will result in a detrimental impact to the restaurant industry that New Yorkers and all who visit so cherish.

This is the second time NYSRA has been forced to file suit to stop this inflexible and unworkable regulation. NYSRA’s challenge last June to a similar regulation by the New York City Board of Health was upheld by the federal courts and the regulation was struck down in the fall of 2007. The NYC health department re-wrote and then passed a similar measure.

“The NYC Board of Health has overstepped its boundaries once again by imposing an unconstitutional regulation on a select group of restaurants to promote its own political agenda,” said Rick Sampson, NYSRA President and CEO. “We are disappointed taxpayer money is being used to discriminate against companies with 15 or more units, most of whom already provide nutrition information to their customers through point of sale materials, tray liners, posters, electronic kiosks and on their websites.”

The New York State Restaurant Association and many of the affected restaurants have attempted on numerous occasions to sit down with the health department to work through this issue and come up with solutions that work for everyone. “The NYC health department has rejected every request for flexibility on this measure. Their approach is to try and force this down the throat of New York’s restaurants and everyone who enjoys them,” said Sampson.

“This isn’t government working to make life better for people. It is government using its authority to employ its own command and control approach.”

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The New York State Restaurant Association, founded in 1935, is the leading business association for the restaurant and hospitality industry in New York State. Comprised of more than 56,000 restaurants, bars, clubs, New York restaurants represent more than 628,000 employees and sales of approximately $27 billion - making it the cornerstone of the economy, career opportunities and community involvement. Along with the New York State Restaurant Association and New York State Restaurant Association Educational Foundation, NYSRA and its chapters work to represent, educate and promote the rapidly growing hospitality industry. For more information, visit our Web site at http://www.nysra.org/.

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