Obesity has reached epidemic proportions in the United States, with approximately 2/3 of adults and 30% of children currently being overweight or obese (Trust for America’s Health, 2010). Obesity is the leading preventable cause of illness and is a major contributor to chronic disease, morbidity, mortality and health care costs (Trust for America’s Health, 2010). Research has shown that there is correlation between fast food restaurant density and county obesity rates (Center for Law and Public Health, 2005). Additionally, many fast food restaurants locate near schools, which increase access to unhealthy foods. One way to address this is by limiting the presence of future fast food restaurants from locating near schools. However, is it legal for North Carolina local governments to restrict fast food restaurants? To answer this question, we need to answer (1) who gives local governments the authority to create zoning ordinances, (2) what is a fast food restaurant, (3) how can local governments zone for fast food restaurants?
North Carolina’s Delegation of Authority to Local Governments
The North Carolina state government authorizes local governments to create ordinances, which include zoning laws that promote the public’s health and regulate the community’s development. Local governments use zoning laws as part of the community planning process, so while they cannot remove current fast food restaurants near school grounds, they can prevent future fast food restaurants from locating near school grounds (National Policy & Legal Analysis Network to Prevent Childhood Obesity, 2009). As long as a local government can make the case that they have a reasonable basis for enacting a restriction on fast food restaurants locating near schools (preventing childhood obesity and protecting the public’s health), a court will likely uphold the zoning ordinance grounds (National Policy & Legal Analysis Network to Prevent Childhood Obesity, 2009). Courts have upheld zoning ordinances that restricted adult businesses and liquor stores from locating near school grounds. In Mom N Pops, Inc. v. Charlotte, 979 F. Supp 372 a court upheld the City of Charlotte’s ordinance prohibiting adult establishments from operating near residential districts, schools, churches, child care centers, parks, playgrounds. In Augusta-Richmond County v. Lee, 277 Ga. 483, 592 S.E.2d 71 the court upheld denying a liquor license to a store that was trying to locate too close to several schools and churches.
Conclusion
Based on the local government’s authority to create ordinances that protect the health and wellness of their citizens, it is legal for North Carolina local governments to introduce zoning laws to limit the presence of future fast food restaurants near schools. As long as the local government can show that restricting fast foods from locating near schools is beneficial to children’s health and the overall health of the community by preventing obesity and obesity-related chronic diseases, most courts should uphold the zoning law.