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The city Health Department's chief lawyer, Thomas Merrill, said it would oppose such a move.
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Another city lawyer, Thomas Merrill, has said officials believe businesses have had enough time to get ready for the new rule.
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Thomas Merrill, a professor at Columbia Law School who has studied the public trust doctrine, agrees the city can't transfer a public park into private use without permission of the state Legislature.
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"While this may not be a silver bullet that will cure the obesity epidemic, it's rational ... (and) one step that can be taken, " said the city Health Department's chief lawyer, Thomas Merrill.
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