Will New York City Go On A 'Zoning' Diet?

"In June, Councilman Joel Rivera, chairman of the City Council’s Health Committee, proposed limiting the number of fast-food establishments in New York by changing the zoning laws. He expected to have a piece of legislation to present to the Council in a few months, after holding a hearing and conferences on obesity."

"About 1 in 5 New Yorkers is obese, according to the city’s Department of Health and Mental Hygiene. A 2003 survey of nearly 3,000 New York elementary school children found that 24 percent were obese and 19 percent were overweight."

"The idea was quickly ridiculed by many. 'Nanny-State Nonsense' read the headline of a New York Post editorial in July. Mitchell L. Moss, a professor of urban planning at New York University criticized the plan for creating more problems than solutions. "I don’t think New Yorkers should let the City Council of New York determine what they eat and where they eat."

"J. Craig Shearman, a spokesman for the National Council of Chain Restaurants, representing nearly 40 large chain restaurant companies, said that the idea was an abuse of zoning laws and that obesity stemmed from nutrition, diet and personal responsibility, not from food served at quick-service restaurants. "We believe in a level playing field where all establishments are treated the same," he said.

"Dr. Thomas R. Frieden, the city’s health commissioner, said in a statement that Mr. Rivera’s plan responds to a real problem — an epidemic of obesity in poor neighborhoods — but that "various approaches need to be explored in terms of their legality and potential effectiveness."