Fundamentally, an American doesn’t like being told what to do, even when it is in his best interest. He smokes, knowing it turns his lungs into charcoal; he tries to set land speed records driving between Los Angeles and San Francisco, risking his life and the lives of others in order to gain an hour or two. He might not even wear his seatbelt were it not for a state law requiring it.

And now this fickle subspecies of man faces a new challenge: the regulation of his eating habits. Hoping to reverse the city’s alarming trend toward obesity, the New York City Board of Health voted unanimously last week to develop plans for restricting the amount of artificial trans fats that can be served in the city’s restaurants. If the plans are passed this December, the law would prohibit a single serving of any dish in the Big Apple from containing more than half of a gram of artificial trans fat.

Fast food chains, wary of the public perception that their restaurants are swimming in unhealthy fats and oils, responded cautiously. Wendy’s and Subway both pointed out that their companies were already voluntarily reducing or eliminating trans fat use. McDonald’s noncommittally promised to “closely examine the board’s proposal,” saying the corporation would continue to test ways of reducing the trans-fat content of its food.

But many small restauranteurs were uneasy about the ban, arguing that the city government is overstepping its bounds and forcing upon them an unfair burden.

“It’s a draconian measure,” New York restaurant owner Naidre Miller told the New York Times. “It’s not our job as restaurant owners to always make the healthiest food choices under all circumstances.”

Miller acknowledged that her restaurants use only olive and canola oils, and could comply with the potential rule with relative ease. Still, it’s the principle of the thing.

“Many of the things that restaurants use are prepared by somebody else, like a national manufacturer that uses trans fatty acids,” E. Charles Hunt, executive vice president of the New York State Restaurant Association, which represents almost 3,500 restaurants in New York City, told the Times. “They may not be willing to suit the specifications of just New York City.”

Others were concerned about the potential cost to small restaurants. But a similar proposal in Chicago would apply only to restaurants with a revenue greater than $20 million. Such a provision could most likely worm its way into New York’s version, protecting small businesses that are unable to shoulder the cost.

Or — light bulb! — the city could subsidize the transition for restaurants that can’t afford it. (Funding could be rationalized based on the savings in health care that the trans-fat restriction is supposed to generate.)

But then there’s still that good ol’ all-American line of reasoning to get around.

“I think they should let the chef be the food artist and let the consumer decide,” New York restaurant patron Julia Kent told the Times.

Ah, the rosy smell of the free market.

But the free market can be slow to act. A health department campaign in New York City last year encouraged the voluntary reduction of trans-fat use. While a handful of restaurants made the switch to healthier oils and fats, the campaign proved largely a failure, with no statistically significant reduction in the use of trans fat. In the meantime, New Yorkers continue to devour the potentially dangerous fat.

Furthermore, players in the free market can be notoriously shortsighted. The negative health effects of trans fats — and excessive consumption of saturated fats or lack of exercise, for that matter — are not immediately obvious.

Artificial trans fat, usually derived from partially hydrogenated vegetable oils, serves mostly as a replacement for the saturated-fat solids found in butter. What most people see are the deliciously flaky pastries made with trans-fat shortening and the conveniently long shelf lives of products containing or fried in trans fats.

But these lipids also contribute to poor health. The American Heart Association said research indicates that trans fatty acids increase “bad” HDL cholesterol in the bloodstream, while reducing “good” LDL cholesterol at the same time; both high HDL cholesterol and low LDL cholesterol levels have been shown to increase the risk of heart disease. The problem is that consumers can’t see an increased risk for heart disease until it knocks them off their feet with a stroke — but by then it’s too late.

New York City tried the voluntary approach, and failed dismally. So if the carrot won’t work, then it’s time to bring out the stick — for our own benefit.