Judge tosses NYC calorie-posting rule

By LARRY NEUMEISTER, Associated Press Writer

A judge struck down a New York City rule Tuesday that required fast-food restaurants to post calorie counts on their menus. U.S. District Judge Richard J. Holwell said he determined the rule conflicted with federal law. Businesses had claimed that their First Amendment rights were violated by the rule, described as the first of its kind in the nation, but Howell said he reached his decision without needing to address those claims.

And yet, these same business owners seemed to have no qualms about legislation stifling their right to private property (by way of allowing their patrons to smoke within their establishment?)

The city had targeted national fast-food chains, applying the law only to those that served standardized portion sizes and were already making calorie information available voluntarily as of March 1. The New York State Restaurant Association had challenged it.

On the other side, the National League of Cities, the National Association of County & City Health Officials, the International Municipal Lawyers Association (Lawyers Association you say? Hmm....sounds oddly familiar with a one Minneapolis attorney Mike Ciresi who got filthy rich supposedly doing the good deed of tackling those pesky tobacco companies on behalf of Minnesotans. Only there was just one problem. Minnesotans didn't see any of that money. But, you can damn sure bet Mike Ciresi did and now he's running for Senate against Norm Coleman!)the League of California Cities supported the city, saying the new rule was necessary to fight obesity.

The legislation to ban trans-fat or to potentially post calorie counts would do nothing to curb this apparent "obesity epidemic" my friends. Those that are concerned about their caloric intake already take strides to watch what they eat and get regular exercise. Those that don't do so out of choice; a choice not likely to change were caloric information available to them. And, might I point out that those lacking the fortitude to watch their caloric intake or exercise regularly are not likely to exhibit the necessary fortitude to read how many calories are in their favorite meal. Nor are they then likely to swap it out in favor of a low cal meal (say a salad for instance).

In the last 25 years, obesity rates have doubled among U.S. adults and tripled among children, and rates have increased in every state in the nation, the groups said.

This despite a legislative want to continuously allocate transportation funding on such items as walking and bicycle paths.

The Centers for Disease Control and Prevention estimated in a 2005 study that approximately 112,000 deaths are associated with obesity each year, making obesity the second leading contributor to premature death, behind tobacco.

In arguments supporting the city's rule, the groups argued that an adverse ruling would undermine pending legislation in state and local legislatures around the country.

Legislation similar to New York City's is under way in 14 states where obesity rates have recently surged — Arizona, California, Connecticut, Hawaii, Illinois, Maine, Massachusetts, Michigan, New Jersey, New Mexico, New York, Pennsylvania, Tennessee and Vermont.
Nutrition labeling legislation has also been introduced in Chicago, Philadelphia and Washington.

Oh my...that's quite a list. Apparently some of us have no idea how ubiquitous the desire for legislative power over every facet of one's daily life is. But, I digress...at least we won't have to be subjected to second hand smoke and trans-fatty foods any longer. NO! We'll get to live longer thereby giving legislators even MORE of our precious lives of which they can control. Kudos...

New York City's rule took effect in July, but enforcement was suspended pending the outcome of the court fight.