For Immediate Release
Contact: Kelly Hoffman (202) 314-2054 or Kelly.Hoffman@NFIB.org
NFIB calls ruling a win for small business and a blow to the Nanny State
Washington, DC (July 30, 2013) – The National Federation of Independent Business (NFIB), the country’s leading advocate for small business owners, today applauded the decision by a state appeals court to overturn New York City’s controversial ban on soda.
“The ban on soda was clearly an abuse of the Mayor’s executive power and we’re pleased that the court agreed,” said NFIB Small Business Legal Center Director Karen Harned. “The mayor does not have the power under the state Constitution to supervise personal decisions between private businesses and their customers.”
Mayor Michael Bloomberg has attracted international attention in recent years for his aggressive regulation of products that he thinks are unhealthy for New York City residents. He pushed through bans on smoking in all public places, trans-fats in foods, alcohol sales and, most controversially, the sale of 16-ounce soft drinks.
“The world’s most important city has developed a reputation as one of the world’s most inhospitable places for small businesses because of this silliness,” said NFIB State Director Mike Durant. “The court said today what New Yorkers have been saying for a long time, which is that Mayor Bloomberg should worry about keeping the streets safe and leave the personal choices up to the people.”
On behalf of New York’s thousands of small business owners, especially the neighborhood restaurants and groceries that are central to the City’s identity, NFIB filed an amicus brief against the soda ban.
“This issue is important to our members for reasons that go far beyond soda,” said Harned. “Government officials whose powers are limited by state and federal laws can’t be allowed to steamroll the rights of private businesses and consumers even if their motivations are laudable.”
Durant said that victory in the Soda case won’t by itself make New York City an Eden for small businesses, but it does send a message to ambitious politicians and bureaucrats that they’ll be challenged when they step over the line.
“It’s easy to regard this is a frivolous issue but it goes to heart of the free enterprise system,” said Durant. “If the city can get away with banning soda it can make a case for banning anything else that attracts the disapproval of politicians and activists. And the consequences extend beyond the city limits.”
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