Suitflay on the Menu

Once again (thanks to Liz for the link), the Restaurant Association is going to court to overturn the DOH's latest effort at calorie posting. As the Association says: "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."

And it goes on to point out; “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.”

As we have underscored in our previous post on green carts, the DOH is out of touch with the workings of neighborhood business, and as a result continues to offer legislation and regulations that not only retard business health, but also have a limited utility, if any, in improving the health of New Yorkers. Let's hope that the courts deal this revised reg another body blow.