Denver City Council bans sugary drinks on children's menus

The Denver City Council on Tuesday moved to prohibit restaurants within city limits from including sugary drinks on children's menus, arguing it would help counter America's obesity epidemic.

The measure defines "default" beverage in a "children's meal" to mean two things — water, which may be "still or sparkling, with no added sugar" or "dairy milk or non-dairy milk substitute with no added sugar."

In pushing for the measure, District 10 Councilman Chris Hinds pointed to other cities in the Denver area — as well as in the country — that have adopted similar measures.

“We have an obesity epidemic. We have a diabetes epidemic, so let’s set our kids up for success,” he said. “Let’s make sure they can focus on learning, instead of being worried about health complications so early in their lives.”

He pushed back against arguments that the move infringes on people's personal rights, describing it as a "nudge" resolution, referring to the plastic bag ban that he said also “nudges” people to bring their own bags or else pay a small fee. At-Large Councilwoman Serena Gonzales-Gutierrez cosponsored the bill.

The concept is not new. In 2012, New York City limited the sales of sugary drinks larger than 16 ounces in restaurants, igniting a debate in America and across the globe over the consumption of soda.

Much like Denver today, New York City officials framed the ban as a tool to combat obesity and promote a healthier lifestyle. Critics complained that it infringed on consumers' choices. New York's state supreme court ultimately struck it down, concluding it exceeded the scope of the regulatory authority of its health board.

Under Denver's proposal, a retail food establishment may only list the milk and water options for drinks in kids' menus, and employees "cannot offer any beverage other than the default beverage."

The proposal allows a restaurant to sell any other beverage, including soda, if a customer requests it.

The Colorado Restaurant Association offered a “neutral” position to Denver’s proposal, the group's lobbyist said.

“While we are not yet entirely in agreement, we are grateful for the stakeholder work that’s gone into this policy so far and we look forward to continuing the conversation,” Colin Larson earlier said in a statement.

“Denver restaurants are eager to be a partner in helping to combat childhood obesity,” Larson added. “We have been successfully engaged with the council members running this measure to make sure this policy didn't unfairly penalize restaurants.”

The measure's passage could influence state legislators to follow suit, according to Gonzales-Gutierrez, a former state legislator.

The measure passed unanimously. 

In other council action Tuesday:

Councilmembers held a short discussion supporting a contract for $2 million and one year with the Denver Basic Income Project (DBI). The project studies the impact a guaranteed income may have on a person or family experiencing homelessness in Denver. 

“Policy so often has to be written broadly, in black and white, it is often not considerate of people’s individual needs, nor their current circumstances,” said District 8 Councilwoman Shontel Lewis, who supports the measure. “(The Project) provides the autonomy that folks need and deserve to determine what needs they have with basic income.”

District 9 Councilman Darrell Watson called it an opportunity to “bridge the gaps” that exist in city services. Hinds described it as a “transformative project,” especially for those with disabilities.

“I know the disability community has been fighting for the reauthorization of funds for the Denver Basic Income Project, in part because of how much success it has brought those with disabilities,” Hinds said.

The project’s research is headed by the University of Denver’s Center for Housing and Homelessness Research. It groups people into three — one receiving 12,000 over 12 months, another receiving a $6,500 lump sum and 11 monthly payments of $500 for a total of $12,000, and the final group getting $50 per month for a total of $600 in 12 months.

The initial research shows people with any form of income are more likely to find jobs and homes, according to the project's website. 

Denver Gazette reporter Noah Festenstein contributed to this report.