New York State Restaurant Association v. New York City Board of Health is a case decided by the Second Circuit United States Court of Appeals. The case arose after New York City passed a law in January 2007 to become the first American city to require restaurant chains to state the number of calories in everything on their menus. The New York State Restaurant Association (NYSRA) sued, arguing infringement of commercial freedom of speech under the First Amendment. The NYSRA also argued that the Nutrition Labeling and Education Act (NLEA) of 1990 and FDA regulations preempted New York's calorie posting regulation. The Second Circuit rejected all of the Restaurant Association's claims and upheld the New York City law. Congressman Henry Waxman, who was the NLEA's chief sponsor, joined an amicus brief in support of New York City's position and was represented by Public Citizen Litigation Group.
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“Gimme the Plaza, the jet and $150 million, too.”
—Headline, New York Post (Feb. 13, 1990)
“Deacon King was tried for violating the Sabbath, and so hot was the debate that it was referred to the church council, which ultimately decided, after long and grave debate, that the deacon had committed a ‘work of necessity and mercy.’”
—For the State of Massachusetts, U.S. public relief program (1935-1943)
“In a restaurant one is both observed and unobserved. Joy and sorrow can be displayed and observed “unwittingly,” the writer scowling naively and the diners wondering, What the hell is he doing?”
—David Mamet (b. 1947)
“An association of men who will not quarrel with one another is a thing which has never yet existed, from the greatest confederacy of nations down to a town meeting or a vestry.”
—Thomas Jefferson (1743–1826)
“New York is the meeting place of the peoples, the only city where you can hardly find a typical American.”
—Djuna Barnes (1892–1982)
“On board ship there are many sources of joy of which the land knows nothing. You may flirt and dance at sixty; and if you are awkward in the turn of a valse, you may put it down to the motion of the ship. You need wear no gloves, and may drink your soda-and-brandy without being ashamed of it.”
—Anthony Trollope (1815–1882)
“The filth and noise of the crowded streets soon destroy the elasticity of health which belongs to the country boy.”
—Rutherford Birchard Hayes (1822–1893)