Fast Food, Zoning, and the Dormant Commerce Clause: Was It Something I Ate?

Abstract

The obesity rate has risen to epidemic proportions in the United States. Fast food restaurants have recently come under scrutiny for their contribution to the growth of America’s waistlines. Communities across the country, recognizing obesity as a issue of serious public health concern, are looking for innovative ways to halt the increasing rate of obesity. One such method is the use of zoning to exclude fast food restaurants entirely, as a matter of public health. Zoning regulations of this type, however, may confront challenges under the dormant commerce clause, which restricts the power of states to burden interstate commerce.