Zoning for Fast Food?

At yesterday's City Council Health Committee hearing the committee's chair, Councilman Joel Rivera, "proposed overhauling the city's zoning rules to limit the number of fast food restaurants in neighborhoods where obesity is epidemic among youths." Obesity was the subject of the hearing.

The Alliance applauds Rivera's desire to do something about the obesity epidemic. We do, however, think there are better ways to do it that don't involve restrictive zoning changes that may not even be feasible. The Alliance doesn't hold a great deal of sympathy for the fast food chains that have pushed out indigenous neighborhood eateries, but zoning changes could have unintentional consequences and could hurt the growth of neighborhood economies.

In the first place even coming up with a definition of fast food wouldn't be easy. As Mitchell Moss of NYU points out in today's NY Daily News, "it's unlikely any zoning resolution could dictate that level of detail. The zoning code for eating and drinking establishments does not distinguish types of food. "

Testifying yesterday at the hearing, though, was our good friend, Dr. Lynn Silver of the NYC DOH. Silver is in charge of the city's efforts to reduce obesity rates in the city's poorest neighborhoods. The doctor told the committee that "restrictive zoning seemed to be a 'perfect example' of how government could help control the epidemic."

Not so fast. As one Yonkers teacher told the NY Post, "'Trying to hide a donut won't work...,' said Gary Londis...He said teaching kids to exercise and eat better would be more practical." Exactly so. In a city where 21% of kindergarteners are already obese drastic intervention is necessary.

Which brings us to Rivera's major new health initiative: the expansion of Dr. Oz's Health Corps concept. Health Corps, using a Peace Corps-like model, trains volunteers who then are placed in underserved high schools to teach various health-based lessons. The program is already being piloted in two city high schools and is designed to create a grass roots activism for health among the city's young people. Judging from its initial reception, the program could be the beginning of an attitude revolution, one that could lead to the kind of life-style changes that would make any zoning change superfluous.

Assisting in these lifestyle alternations should be the fast food companies that Councilman Rivera cites. It would make perfect sense for the McDonalds of the world to team up with Health Corps to encourage healthy eating and proper exercise. Childhood obesity and diabetes are socially and economically costly and the best way to combat these epidemics is, in partnership with food retailers, to convince young people to make improved choices.

Big Mac Attack: Health Corps Expands

As the NY Daily News reports this morning, "Zoning out fast food restaurants isn't the only way to foster healthier eating habits among city youngsters." The other "hearts and minds" approach is the innovative Health Corps initiative that was founded by Dr. Mehmet Oz and is being expanded by Councilman Joel Rivera into three new high schools this fall.

The Health Corps is designed to generate a health activism in the high schools that, if properly activated, will generate greater awareness of healthy living among the friends, families, and in the communities of the Health Corps members. The HC in each school is led by a post grad pre-med volunteer who will organize nutrition workshops, exercise activities and diet awareness programs for the students.

The three schools targeted in the fall will have the HC funded by a city-state grant of $250,000. It is anticipated that the program, which is being monitored for effectiveness by private funding, will be able to further expand at the beginning of the 2007 school year. Quite a few council members have expressed an interest in having HC come to high schools in their districts.

So, for all of the withering criticism that Rivera has received for his "McZoning" proposal, it is clear that the councilman has some substantive plans to go after the change in attitudes that all of his critics say is preferable to zoning out fast-food outlets. It may, however, not be as much of a zero-sum game as many of these critics would like us to believe.

It is time for the fast food folks to become stakeholders in the campaign for healthy eating. If they don't they will find themselves in the same position as Phillip Morris-paying out billions to tell people just how bad smoking really is.

Update: Here are article from El Diario and the Amsterdam News on Councilman Rivera's zoning proposal

Rivera's Obesity Zoning Gets Respect

In today's NY Times the paper reports on the proposal by City Council Health chairman, Joel Rivera, to consider the use of zoning to restrict the number of fast food restaurants in the city. The article does a good job at examining some of the pro and cons of the issue, and more helpful than most of the pieces that have been done about the problem since reporter Manny Fernandez actually goes with Rivera into his Bronx neighborhood to report on the area's saturation with fast food joints.

What is also brought out nicely is the fact that zoning has already been used in other areas of the country to restrict fast food outlets and, while the restrictions have never been based on a health issue like obesity, there is ample rationale in the zoning laws for doing so. This rationale is underscored by Professor James Hodge from the Bloomberg School of Public Health who points out that the history and foundation of zoning laws in this country are based in large part on the need to protect the health and welfare of the citizenry.

The key rationale in all of this is the spiraling obesity epidemic, a health threat that is particularly acute in neighborhoods like the ones that Rivera represents. This fact is brought home by the report done by Dr. Hodge and his colleagues in conjunction with the Center for Law and the Public Health at John Hopkins and Georgetown. In addition, Rivera credits Dr. Mehmet Oz's pioneering work in this area as an inspiration for his public policy initiative.

Clearly, this issue is not going to go away any time soon. Rivera is exploring holding some kind of obesity summit later in the year and is not ruling out the possibility that it will result in a concrete proposal to restrict the fast food outlets. In the meantime the councilman continues to promote the Health Corps program, a "hearts and minds" alternative to zoning restrictions, that is expanding into more public schools this fall

Will Power, Fast Food and "Common Sense"

The crescendo of ridicule that was generated by Councilman Joel Rivera's trial balloon about using the city's zoning laws to reduce the availability of fast food joints continues. This time it is the acid-tongued Ellis Henican in Friday's Newsday. In what must be considered unintentional irony, the liberal Henican morphed into Nancy Reagen with his injunction to, "Just say no to the jumbo fries."

Henican does ask a series of legitimate questions regarding the overall legality of the proposal and the definition of what exactly qualifies as fast food. He than also points out that there are a whole host of things that government can do-like "smart nutritional education" and "not canceling the phys ed classes in school"-but goes on to pose the following question: "does anyone really believe the answer lies in making colonel Sanders move down the street?

Well, a lot of public health researchers think that zoning is part of a comprehensive approach to the serious public health crisis generated by this country's obesity epidemic. In fact they point out that the most fundamental underpinning of all zoning regulations is public health and safety. Not only that, a great many municipalities have already taken zoning action against fast food, although not for obesity per se, and these ordinances have survived legal challenge.

It doesn't mean that a number of Henican's other suggestions shouldn't also be included in any anti-obesity health policy. In fact, as we have pointed out, Rivera is doing just that in his sponsorship of Dr. Mehmet Oz's Health Corps initiative. Better education should be the main thrust of any policy but the proliferation of fast food establishments, especially in low income areas, is a problem that can be addressed through zoning.

If, as it is in San Francisco, Newport RI, Concord, MA etc, zoning is being invoked against fast food and "formula" restaurants on the grounds of "community character," than it can be used for a legitimate public health purpose in the fight against obesity. It might be a last resort remedy, to be used only in the event that the fast food industry maintains a deaf ear about the obesity epidemic, but it should certainly be examined for its efficacy and be held in abeyance so that the fast fooders know that policy makers are serious.

Fast Food Redux

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.

What is Food Justice?

On Friday our friends at DMI posted an interesting piece on "food justice" in NYC. They are one of the few commentators to give Joel Rivera some props for his suggestion that the city explore using zoning to curb fast food outlets. They also praise Congresswoman Nydia Velasquez for her "Bodegas as Catalysts for Healthy Living Act, " a bill that would provide SBA grants to groups willing "to work with bodegas to create healthy food inventories."

We are especially heartened by DMI's criticism of the ridicule that some heaped on Rivera-"most of whom probably don't live in low-income areas." The Institute also pointedly surveys the eating choices in many of these neighborhoods and opines, "it's a wonder that more people are not lying along Nostrand Avenue or 125th Street leaking grease and sugar from various parts of their bodies."

What we do take issue with, however, is the characterization of neighborhood food shopping as a health wasteland. As we have said before there needs to be more recognition of the incredible success story represented by the independent supermarkets of this city. In addition, it isn't appropriate to try to contrast the number of supermarkets in high income areas with the number in poorer districts. The amount of disposable income is a key varuable that must be factored into the equation.

The point about Rivera's zoning suggestion is that it is based on what we would call the Gresham's law of food shopping: bad food choices drive out good food choices. The proliferation of poor eating choices makes it hard for better alternatives to flourish.

The reality is that fast food outlets, backed as they are by the public financial markets, are at a competitive advantage versus locally owned food stores, who are increasingly priced out of areas by escalating commercial rents. The proliferation of chain drug stores in the city has also added to this lamentable situation by pushing out neighborhood supermarkets with their ability to pay higher rents.

Maybe what NYC needs is some kind of inner city food initiative (like in the Commonwealth of Pennsylvania) that, along with financial incentives for supermarkets to invest in certain areas, also comes with some healthy eating performance goals as a prerequisite for the aid. By all means, though, the best public policy strategy is to encourage local economic growth and place some restraint on chain store growth.

Insider's Props to Rivera

Crain's In$ider has a post today on the newly elevated stature of City Council Health Committee chair, Joel Rivera. As Crain's points out, "Some insiders had doubted that City Councilman Joel Rivera, D-Bronx, would be an effective health committee chairman when he inherited the post from Christine Quinn... But Rivera is moving to establish himself as a fighter of obesity, particularly among children and minorities."

Crain's goes on to talk about Rivera's zoning suggestion but also mentions the councilman's funding of Dr. Oz's Health Corps program in three new schools this fall. Clearly, this is an issue that will give Rivera a good platform from which to launch a bid to become Bronx BP in 2009.

Health Corps Kudos

In today's NY Sun Alicia Colon criticizes Councilman Joel Rivera's call for the use of zoning to restrict the number of fast food outlets in a neighborhood. At the same time, however, she lauds the lawmaker for his backing of the expansion of the Health Corps.

Colon clearly believes that educating and motivating young people is the best way to tackle the obesity epidemic. As she opines, "Despite Mr. Rivera's wrongheaded gesture regarding fast food businesses, he was wise to grant $250,000 to a Health Corps program that targets the root of the problem of obesity through education." Her enthusiasm for the HC effort is no doubt aided by the fact that one of the pilot schools, Cathedral High School, is Colon's alma mater.

We're happy that Colon has praised the HC approach, but we do feel that the fast food industry has a role to play and that "personal responsibility" is not the only answer to the obesity problem. When an industry spends $4 billion a year on its own "education" effort that it is easy to see that peoples' "choices" aren't so easy and clear-cut.

NY Post: Super Anti-Nanny

It took a little longer than we anticipated but the NY Post has finally gotten around to criticizing Joel Rivera's suggestion that the city should use zoning to curb the proliferation of fast food outlets. The paper accuses Rivera of thinking that New Yorkers are all dumb; "Poor people in particular, in his view, are in need of wisdom-because they're not only fat, they're stupid."

The Post feels that everyone is the master of their own fate and deserves to be able to live without the unencumbering control of an intrusive government. Here! Here! All of which overlooks the intrusiveness, not of government, but of an industry that not only seeps into every nook and cranny of everyday life but also wants to seemingly occupy every square inch of the neighborhood.

The River suggestion isn't about control per se, but about the legitimate right of government to use on of its basic police powers to protect the health and welfare of its citizens. Its not the God-given right of the fast fooders to be able to saturate neighborhood commerce and push out the local businesses with their Wall Street driven resources. Which is exactly what other cities and towns all over the country are trying to prevent.

Finally, the Post claims that Rivera, in his zoning obsession, notably overlooks "education, diet, exercise and self-control." Just isn't true. As we have pointed out, the Rivera-sponsored Health Corps initiative in three high schools this fall will do just that. Create a cadre of health activists who will preach the Post's anti-obesity mantra to their friends, families and community, something everyone should support.

Related Disinformation

The Bronx News Network is reporting that the Kingsbridge Armory opposition is gaining steam-with the Bronx delegation optimistic that Speaker Quinn will follow its lead: "Bronx Borough President Ruben Diaz, Jr. and the Kingsbridge Armory Redevelopment Alliance (KARA) have been lobbying Bronx City Council members to reject the Related Companies’ plan to redevelop the Kingsbridge Armory into a giant shopping mall unless the firm sits down to negotiate a binding community benefits agreement with elected officials and community stakeholders. They seem to be having success."

The basis of their optimism? "Council Member Joel Rivera told the Norwood News on Wednesday that he and several other Bronx Council members are coalescing around the borough president who has taken a strong position on the project. The more united the Bronx Council members are the more likely Council members in other boroughs will follow their lead. Rivera's position is also important because he is the Council's majority leader and sits on the both Council panels that will review the project – the Zoning and Franchises Subcommittee and the Land Use Committee."

All of this is well and good-but we would caution any one who has the urge to get up and do an end zone dance just yet. There is a lot of hard political work ahead, and the Related Companies is not without resources of its own-including a more than cozy relationship with the city's chief executive. It is also not without the ability to disseminate disinformation.

That has taken the form of a letter from Related's attorney Jesse Masyr. In it Masyr, to the Bronx City Council Delegation, the Land use Committee, Speaker Christine Quinn and other citing a story in the Riverdale Press, accuses the KARA coalition of bad faith: "Unfortunately, as clearly evidenced by a statement from the leader of the Kingsbridge Armory Redevelopment Alliance that appeared in today's Riverdale Press, it is now obvious that KARA has not joined us in this commitment to good faith negotiation."

Masyr in accusing KARA of bad faith, however, resorts to outright deceit-chopping the Desiree Pilgrim-Hunter quote that appeared in the same article to make it look as if her organization's objective was simply to kill the project. Left out was the following conclusory statement from Ms. Pilgrim-Hunter: "We have no problem with a mall, if it was done in a way that would serve the community,” Ms. Pilgrim-Hunter said. “Developers should be working in partnership in the community, not against the community. We want the Armory Center, where people will come together as a community and not just to spend money. The community has specific needs and they are not being met.”

KARA follows up the Masyr missive with a corrective letter of its own; but the lesson here is that this is a company that will use all of its resources, and won't refrain from dirty tricks in its effort to keep on riding on the Bloomberg gravy train. Those of us who are concerned with the supermarket and living wage issues-and who support small business and worker rights-need to gird ourselves for thirty days or so of really nasty in-fighting. There is simply too much at stake to get complacent now.

Fat Hits the Fire

The recent announced NYC ban on trans fats has begun to generate considerable heat. Now, an industry sponsored group called the Center for Consumer Freedom (it's interesting how an industry group steps up gallantly on behalf of its customers), has lashed out at the "food police."

The Center will join the NYS Restaurant Association in fighting the ban and it is likely that it will be a two front war since the city council wants to legislate the issue because, in the words of Councilman Vallone, "Rules can be changed by the next mayor or health commissioner. It's much more difficult to change a law than a regulation."

It is clear that the health and obesity issue is going to continue to get the attention of our elected officials. This summer Councilman Rivera's call to use zoning to restrict fast food outlets caused quite a stir and his Health Corps support garnered a big grant from the City Council. Rivera, the council health chair, plans an obesity conference later this year.

For those in the food industry who don't like the intrusiveness there is going to have to be an awakening of their consciousness on the obesity issue. They will either be part of the solution or they'll get attacked as part of the problem.

Fatter and Younger

In today's NY Post there is another disturbing story about the childhood obesity epidemic. This time, however, researchers have found that children as young as six months old are getting chubbier and are at risk for becoming obese.

One person who isn't surprised is Dr. Robert Bessler who heads up the obesity surgery department at Columbia. As he points out, "Obesity is the number 1 nutritional disease in the world..." {emphasis added}

The article also mentions the effort by Councilman Joel Rivera to use zoning to restrict the number of fast food outlets. All of this makes Rivera's Health Corps initiative that much more crucial. Young people need to become active health advocates in their communities in order to stem the obesity tide.

Wolfing Down the Fast Food

In today's NY Sun columnist Andrew Wolf continues his attack on the those who believe that we need to do something drastic about what our kids eat. Initially he had ridiculed the efforts of former president Clinton to eliminate soft drinks from our schools, and now he takes aim at Joel Rivera's proposal to use zoning as a tool to restrict the number of neighborhood fast food outlets.

What's interesting in the Wolf piece is his skepticism about the entire issue of childhood obesity. As he says about the Rivera proposal, "This seems to be strong medicine for a disease that I'm not sure really exists. There is precious little evidence of any long term health danger posed by this 'epidemic' either to children or to adults."

Wolf opines that although Americans are getting fatter they are still living longer. "Nor is there any evidence that attempts to manipulate portions of the diets of children will really result in weight loss." This is all very provocative but also useful, because what Wolf is arguing is subject to rigorous scientific evaluation.

He also argues that all of this diet restriction "hysteria" will have harmful repercussions, "but it won't be a glut of fat children. Rather we will see an epidemic of eating disorders, similar to what we have seen among young women in recent years."

The reason? It's because we are supposedly taking a pleasurable activity and investing it with "anxiety and alarm." Here Wolf's argument devolves into the hysteria that he criticizes in others. Not only that he has created the "restrictive diet" strawman that is not central to the thrust of the anti obesity effort aimed at children.

Wolf cites the author of a book called "The Tyranny of Health" who critiques the efforts to "coerce children into a 'five a day' fruit and vegetable consumption..." that will rob our children of the "sensual enjoyment of eating and drinking." This is not what the opponents of fast food and its corresponding gluttony have in mind in their efforts to fight the growing obesity problem.

In questioning the existence of an obesity epidemic Wolf reminds us of the Marx Brothers' line: "Who are you going to believe, me or your own lying eyes?" But give Wolf credit for bringing this to the fore and now that he has done so we would suggest that Councilman Rivera, along with his collaborator on the Health Corps, Dr. Mehmet Oz of Columbia-Presbyterian, convene a conference in the Fall that addresses all of the various points of view on the subject.

Rivera Post Toasted

In today's letter section of the NY Post the paper's readers take aim against Councilman Rivera's suggestion that we use zoning laws to curb the proliferation of fast food outlets. The thrust of the opposition view is expressed by Nat Weiner of the Bronx who suggests that Joel Rivera "attack the root causes of obesity."

Well Nat, Rivera must be listening to you because included in the just concluded budget deal is an initial $250,000 Rivera-sponsored grant to expand the Health Corps program to three additional high schools in the fall. The Health Corps goal is to change the attitudes of young people aboujt health and nutrition. So, while we partially agree with letter writer Karen Parisi of Maryland that, "it is not the government's job to control what our children eat," we also believe that government can and should play an educational role in this area.