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Taking the Temperature of Health Laws
In the wave of recently proposed government health initiatives, some New Yorkers are worried that their idea of a good time—sitting down to an ambiguous amount of calories in a trans fat–laden bowl of food at one of limitless neighborhood fast food joints—will soon be washed away.
They scoff at the thought that New York's government has become too intrusive, people should be able to freely choose where and what to eat, regardless of damaging long-term health effects.
In the past year, the city has proposed or implemented policy to track people with diabetes, limit fast food restaurants, ban the use of trans fats in New York City and mandate that restaurants post calorie content.
This follows a recent trend of a push for increasing the number of green markets throughout the five boroughs. And, of course, the mayor has made one of his most definitive marks with his ban on smoking in public spaces.
Politicians at the helm staunchly defend their right to intrude on public health in varying degrees.
Assembly Member Richard Gottfried (D-Manhattan) said that he supports the recent string of proposals. Chair of the Assembly's Health Committee, he said that it is the role of government to protect the health of its citizens and compared a ban on trans fats to banning the use of lead paint or vaccinating for infectious diseases.
“Protecting public health is an important priority for any legitimate government,” he said. “When people were dying of cholera 150 years ago, the time was ripe for the government to do something about it.”
The City Council's Health Committee chair, Joel Rivera (D-Bronx), agreed. This summer, Rivera proposed that the Council introduce zoning laws that would limit the number of fast food restaurants in low-income neighborhoods. He said that this is not an issue of the government intruding, but following through on its duty to protect the people's well being.
“That's exactly why I am doing this,” he said. “People say the government shouldn't tell us what to eat, but the truth is people don't have options today.”
Rivera said his district is predominately filled with fast food restaurants, with a 10:1 ratio of fast food to healthy alternatives.
Charles Hunt, executive vice president of the New York State Restaurant Association, said that he applauds public campaigns to encourage healthier eating, but said that healthy choices should be made by the public, not mandated by the government. People should be taught healthy living skills, not be force fed them.
“I haven't used this word publicly yet, but this is downright Orwellian,” Hunt said. “Someone has to speak out for our industry, and I'm pleased to do so.”
Hunt particularly bristled at the idea of a trans fat ban, going so far as to testify at last month's Board of Health public hearing that New York's ethnic restaurants would be most jeopardized by such initiatives.
He said that popular foods like cannolis, éclairs and egg rolls are dependent on “partially hydrogenated oils,” a.k.a. trans fats, and said that people should be able to decide whether they want to eat those foods or not.
“When people go to restaurants, they go to celebrate and have a good time,” he said. “People like to eat muffins and french fries—we all eat that—and we all know that we should eat these things in small quantities.”
Rivera said that he is not against community residents eating those types of food in moderation, but said that his low-income constituents do not have the same options for quick meals in their neighborhoods.
“After a long day at work, the last thing you want to do is travel miles and miles away to eat something with your family,” he said. “This is an elitist situation where people who live in more affluent communities have more choices.”
But Rivera is open to the government using different means other than legislation to create change. He suggested financial or tax benefits to entice restaurants into providing healthier menu choices.
Lawrence Gostin, director of the Center for the Law and Public's Health at Georgetown University in Washington, DC, said that the government should be given some leeway. He said that the public's decisions are not purely autonomous. Their choices stem from their surrounding communities and cultures. He said the government should take every step it can to ensure the public's health.
“I don't think health officials can be passive in the face of one of the greatest health risks in their community,” he said.
Council Member Peter Vallone, Jr. (D-Queens) drafted anti-trans fat legislation last month and is an advocate of green markets throughout his district. He also said that having Christine Quinn (D-Manhattan), the former chair of the Health Committee, serve as Council speaker has helped to spur health-related policy proposals.
Vallone said that he supports the government helping citizens to get healthy: be it through public education campaigns or through the legislature. And until the federal government, which he charges “is under control of the food industry,” starts taking on those challenges itself, Vallone said he will be heading up the cause in New York City.
“The actions we're doing here are very responsible and we'll go a long way to saving lives,” Vallone said. “If we set an example from here, it will have a positive effect for the country.”