The New York Restaurant Association has lost its latest skirmish with the city about calorie posting, but the city, in a pandering show of goodwill, won’t fine any restaurant until July 18. Per the city’s press release:
“In a quick resolution of this issue this afternoon (Tuesday, April 29, 2008), Judges Chester Straub, Rosemary Pooler and Sonia Sotomayor of the Second Circuit Court of Appeals have just ruled against the New York State Restaurant Association’s “motion for a stay” of the New York City calorie posting rule (Health Code 81.50). This means that the regulation becomes effective subject to the court’s consideration of the larger appeal. (So the regulation would be in effect while the larger appeal is being considered. The Health Department will NOT impose any fines until after midnight on Friday, July 18th. This date is pushed up from an earlier June 6th date to give restaurants additional time to comply.)
The NYRA will continue to appeal, of course, but so far its record in court is not promising.