I am New York City Council Member Dan Halloran, and I represent the oft-forgotten 19th Council District in Queens, on the Nassau border. I have been a lawyer and restauranteur. With the weighty economic problems facing this City, I am ashamed that we need to be here today to discuss the size of fountain drinks.
Dan Halloran's Speaking at Today's Soda Ban Hearing
There are three major points I wish to discuss in opposition to this proposal before you today.
First, the direct economic impact to our small and mid-sized businesses will be severe. In a time when our City is facing 9.7% unemployment -- almost 1.5% above the national average -- and an exodus of entrepreneurs because of our oppressive tax and convoluted regulatory scheme, we now seek to cut into the ever-dwindling profit margin of these struggling businesses.
Union Teamsters and other employees of the few remaining producers, bottlers, and distributors left in New York City will see their already-shrinking job market dry up. In my district alone, places like the Pepsi facility in College Point, or the Tropicana site in Whitestone, or the Vitamin Water headquarters, will begin to reduce job opportunities for New Yorkers thanks to this shortsighted measure.
Movie theaters, pizza places, restaurants, coffee shops and even ice cream parlors will all be hammered by this law forcing their family operators to make new cuts to save their bottom line. Yet right next door, the local 7-11 can still sell its 128-ounce Super Big Gulp. Which leads me to my second point.
Franchisees will avoid the over-regulated New York City market, and everything from Burger King to Dunkin Donuts, Coney Island's Nathan's Hot Dogs to Boston Market, will be less inclined to set up shop here.
Next, the legislative and legal footing of this rule is highly suspect. The arbitrary enforcement of this rule will create legal issues , which will cost the City in having to defend an indefensible rule. As a former trial attorney, it's my opinion that the lack of a uniform enforcement standard amongst similarly situated businesses makes this law null. Courts will strike it down.
If the Mayor sincerely sought this measure for the good of the City, legislation should have been introduced and the legislative process followed. We deserve hearings and testimony from experts, scientific reports, and a real public process. That's the open government we all signed up for.
But instead, this kangaroo court which has already decided the outcome will pretend to listen to the voice of New Yorkers.
My third and final point is the hypocrisy of this measure. If we were serious about health, we would not struggle to restore after-school programs in the City budget each year to keep kids active. Our Department of Education would require a gym teacher in each school, something nearly 1/4 of City public schools do not have. Rigorous physical education courses would be required for all students, and we'd require classes in nutrition.
If we were serious about health, Council districts like mine would not struggle each year to get capital dollars to repair our soccer, baseball and track fields. My district's public basketball and tennis courts would have the resources to be properly maintained by the Parks Department. And our parks would offer opportunities for fitness to all our citizens. But sadly, we aren't serious about public health. This feel-good placebo cannot hope to address the real underlying health issues here, and no ban on the size of the cup will change this.
We aren't banning beers in sizes over 16 ounces, despite alcohol's known health effects. And this very same body recommended further decriminalization of the possession of drugs like marijuana. But Coca-Cola is the great risk to health of New Yorkers?
As violent crime continues to rise, rather than hire the 6,000 cops we are down since 9/11 or nearly 1,000 firefighters to keep us safe, we will spend the City's money to enforce a program to regulate the size of a cup of soda. Since when is this the job of government?
When they came for the cigarettes, I didn't say anything, because I don't smoke. When they came for the MSG, I wasn't concerned, because I don't use it. When they went after salt, it was okay, because I am not a big salt eater.
But will the government be telling me when to go to bed next? Or how big my steak should be? How many potato chips I can eat? After all, it's all in the name of my health. And clearly the government knows what's best for me.