NYSRA Sues to Stop NYC Big Government From Interfering with Local Restaurants

NYSRA says the NYC Health Department’s “Command and Control” approach is first step toward government telling New Yorkers what they can and cannot eat

ALBANY, NY (06/15/2007)(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 July 1, 2007, which dictates how restaurants must provide information to their customers. NYSRA argues that the New York City bureaucracy has far exceeded its authority resulting in a detrimental impact on the restaurant industry that New Yorkers and all who visit so cherish.

The case challenges the Menu Board Labeling regulation on two legal bases: first amendment abrogation; and federal pre-emption. But the real story is about big government intervention at the local level, says NYSRA President & CEO Rick Sampson.

“This is about a big, powerful government agency trying to micro-manage local businesses and the choices available to New York consumers at their local neighborhood restaurants,” said Sampson. “Ironically, the only restaurants subject to this regulation, are those that were already voluntarily providing nutritional information. So essentially, New York City is punishing businesses who are doing the right thing. Only in the world of bureaucracy could this possibly make any sense.”

Sampson said the proposed regulation is a “feel good” fix for government agencies and these agencies can point to no evidence that the regulations will be effective. Sampson cited the fact that consumers eat at home 76 percent of the time and the U.S. has had federal nutritional labeling guidelines on food products for 15 years. Yet during that same period, U.S. obesity rates have increased dramatically.

“Our member restaurants have already been providing nutritional information to customers in a variety of formats for years,” said Sampson. “That’s why this regulation is so heavy-handed. It seems clear that this is part of a long-term strategy by City government to tell New Yorker’s what they can and cannot eat.”

“Our members tell us the last thing they want to see on a menu is big government,” concluded Sampson.

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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