On a related issue to our last post it is important to point out that Andrew Wolf's critique of Rivera's efforts to use the zoning tool to curb fast food outlets is, on this issue, just factually inaccurate. He argues that the councilman's proposal "will not be the first time that zoning regulations will be misused to advance an unrelated non-land use decision" (He refers to the Alliance's successful effort to stop a BJ's from being built on Brush Avenue).
The fact say otherwise. As we have pointed out, there is no stronger zoning rationale than the protection of the public's health and safety. In fact, the 1916 NYC comprehensive zoning law, the first of its kind in the nation, rested squarely on the correlation between the municipalities police power to regulate public health.
Now you might not believe that there is a correlation between obesity and fast food (as we're sure Wolf does not) but if a strong link can be established, as it has been in recent research in public health, that there is no stronger rationale for zoning than that.