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![From page 208-09
[I]t cannot be said that the Board of Health acted solely with a
view toward public health considerations when it adopted
exemptions to the Portion Cap Rule.
Indeed, during the public comment period and hearings both the
[Dept. of Health and Mental Hygeine] and the board members
themselves indicated that they weighed the potential benefits
against economic factors.
The Commissioner went as far as to indicate that in addition to
promoting health, the ban would help ameliorate obesity-
related health care expenditures in New York.](https://image.slidesharecdn.com/2013localstatelawdrinksv04-131011200844-phpapp02/85/2013-local-state_law_drinks_v04-21-320.jpg)
![Interstitial Rule Making
[T]he City Charter's Enabling Act, granting the Board of Health
explicit power to establish, amend, and repeal the Health Code,
was clearly intended by the legislature to provide the agency
with the discretion to engage in interstitial rule making
designed to protect the public from inherently harmful and
inimical matters affecting the health of the City...](https://image.slidesharecdn.com/2013localstatelawdrinksv04-131011200844-phpapp02/85/2013-local-state_law_drinks_v04-23-320.jpg)
![Not a Health Hazard Per Se
If soda consumption represented such a health hazard, then the
Sugary Drink Portion Cap Rule would be exactly the kind of
interstitial rule making intended by the legislature and engaged
in by the Board of Health in the past...
Rather, the hazard arises from the consumption of sugary soda
in “excess quantity.” The risks of obesity and developing
diabetes and other illnesses are greater in those who drink soda
to excess than in those who drink it in moderation or not at all.
Thus, since soda consumption cannot be classified as a health
hazard per se, the Board of Health's action in curtailing its
consumption was [NOT] the kind of interstitial rule making
intended by the legislature.](https://image.slidesharecdn.com/2013localstatelawdrinksv04-131011200844-phpapp02/85/2013-local-state_law_drinks_v04-24-320.jpg)
Uploaded byNeal Axton
2013 local state_law_drinks_v04
This document provides an introduction to researching county and municipal ordinances and agencies under the concept of federalism. It discusses how local governments derive authority from state governments, but also have autonomy through home rule. The document notes that municipal inspectors can enforce local ordinances, but not federal or state laws. It also discusses police powers of local governments and the role of the League of Minnesota Cities.
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2013 local state_law_drinks_v04
- 1. Introduction to Local LegalResearch County & Municipal Ordinances and Agencies under Federalism Neal R. Axton Information Resources
- 2. Who is thisman?
- 3. Biographical Sketch • DennisRader, Aged 59 • Married with children • Lived in Park City, Kansas (suburb of Wichita) • Deacon at a Lutheran Church • Worked as a Compliance Officer –Housing –Zoning –Animal Control
- 4. Compliance Officer • Compliancewith state, county and municipal codes, rules and reg’s – Height of Grass – Parking Legally – Public Nuisance / Noise Ordinances – “Junk” Cars – Dog Ordinance – Heating your home/garage – Smoke Detectors – Household Hazardous Waste
- 5. Alter Ego • Aftera 31-year investigation, police arrest Dennis Rader as the BTK killer • BTK was caught through metadata on a computer disk he submitted to police to taunt them • Confessed to 10 murders in 2005 • Sentenced to 9 life sentences & “hard 40” • BTK stands for ?
- 6. Regulatory State Everything Ido is either illegal, immoral, or fattening. - W.C. Fields Compliance Officer was perfect post to investigate people’s homes and private lives. Nanny State, Surveillance State, Orwellian
- 7. Who shall guardthe guardians? - Plato
- 8.
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- 11. True or False? Cityinspectors (e.g. Minneapolis) can enforce: • federal law • state law • county ordinances • local ordinances
- 12. Governing is a SharedResponsibility • Balance of Powers • Federalism – Local is Arguably Better – Beyond Reach of Boehner!
- 13. Municipal Ordinances • PolicePowers – Health, Welfare, Morality, Safety • Home Rule – Cf. Dillon’s Rule
- 14. Police Powers viaWikipedia
- 15. Corporate Law? • MunicipalCorporations – Antecedents – Roman Law – City-States – Common Law – Corporate Charters – Quasi-Municipal Corporations • League of Minnesota Cities – http://www.lmc.org/
- 18. Good public policyor socialism?
- 19.
- 20.
- 21. From page 208-09 [I]tcannot be said that the Board of Health acted solely with a view toward public health considerations when it adopted exemptions to the Portion Cap Rule. Indeed, during the public comment period and hearings both the [Dept. of Health and Mental Hygeine] and the board members themselves indicated that they weighed the potential benefits against economic factors. The Commissioner went as far as to indicate that in addition to promoting health, the ban would help ameliorate obesity- related health care expenditures in New York.
- 22. Exceeded its Jurisdiction Accordingly,the selective restrictions enacted by the Board of Health … necessarily took into account its own non-health policy considerations. Judged by its deeds rather than by its explanations, the Board of Health's jurisdictional rationale evaporates.
- 23. Interstitial Rule Making [T]heCity Charter's Enabling Act, granting the Board of Health explicit power to establish, amend, and repeal the Health Code, was clearly intended by the legislature to provide the agency with the discretion to engage in interstitial rule making designed to protect the public from inherently harmful and inimical matters affecting the health of the City...
- 24. Not a HealthHazard Per Se If soda consumption represented such a health hazard, then the Sugary Drink Portion Cap Rule would be exactly the kind of interstitial rule making intended by the legislature and engaged in by the Board of Health in the past... Rather, the hazard arises from the consumption of sugary soda in “excess quantity.” The risks of obesity and developing diabetes and other illnesses are greater in those who drink soda to excess than in those who drink it in moderation or not at all. Thus, since soda consumption cannot be classified as a health hazard per se, the Board of Health's action in curtailing its consumption was [NOT] the kind of interstitial rule making intended by the legislature.
- 25. 18 deaths linkedto caffeine Link
- 26.
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- 29. City Agencies &Rule-Making • Formal Rule-Making – Hearings • Informal Rule-Making – Notice and Comment • Hybrid Rule-Making – Legislative Decreed Hoops to Jump Through
- 30. Home Rule • DoesSugary Portion Rule survive if adopted by Ramsey County? • Other types of bans? – Ban on Alcoholic Beverages – Ban on Plastic Water Bottles – Ban on Glass Bottles
- 31. Delegating Discretion The moderntendency is to be more liberal in permitting grants of discretion to administrative officers in order to facilitate the administration of laws as the complexity of economic and governmental conditions increases. Dunnell’s Digest, Administrative Law, Sec.
- 32. Minnesota • Minnesota neveradopted Model APA • Minnesota APA, Minn. Stat. Chapter 14 circa 1945 • Proposed Rules published in State Register • Minnesota Rules (compiled since 1970) • Office of Administrative Hearings (OAH)
- 33. Minnesota Regulations • Chronological: MinnesotaRegister • Topical: Minnesota Rules
- 35. Chronological Rules •Order theywere adopted •Most recent supersedes
- 36. A business ina government setting…
- 37.
- 41. Two Types ofProposals
- 42.
- 43. End of Preamble& Rule Text
- 46.
- 48.
- 49. Thanks but NoThanks
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- 61. Federalism & LocalGovernment
- 62.
- 63.
- 64. Older Minnesota Attorney GeneralOpinions • Internal Filing System • Not Chronological • Records not Comprehensive • AG’s Library has ALL opinions on microfilm • Folksonomy vs. Taxonomy
- 65.
- 66. Executive Office forImmigration Review
- 67. Entertainment Law • Growthof Entertainment • Bread and Circuses? • Transactional Law • Litigation – Torts • Intellectual Property • Violence – Can States or Cities Ban Violent Video Games?
- 69.
- 70. Overview • Sports Law •Entertainment • Movies • Faith-Based Films • TV – Cable, Airwaves, Satellite • Live Theater – Broadway • Adult Films • Music Industry – Live Productions • Video Game Industry
- 71. Videogames – DifferentRealms • World of Warcraft – Magic Circle Games – MMORPG • Grand Theft Auto – Open World Games • Second Life – Virtual Worlds as Adjunct to Real Life (In Real Life… IRL)
- 72.
- 74. Acting in VideoGames • Voice Talent – Samuel L. Jackson – Kyle MacLachlan – Ice-T – Ray Liotta – Ricky Gervais – Jenna Jameson • Street Dialogue Actors • Motion Capture • Transactional Work – Contracts – Royalties
- 75.
- 76. Entertainment & LocalLaw http://bit.ly/1hIMyqc
- 77.
- 78. Liquor by theDrink