Open Restaurants or Open Sidewalks: What’s on the Menu?

By Sid E. Walker

We are lucky to be West Villagers, with so many world-class and local hang-out cafes, bars, and restaurants. It’s a veritable walkers’ paradise in the noblest Jane Jacobs tradition… or at least it used to be until a small but significant number of bars, restaurants, and cafes took advantage of the Open Restaurants program to defiantly clog our sidewalks, as the City turned a blind eye while simultaneously working to make the Open Restaurants program permanent. How did we get here, and where are we going? On foot, if possible.

Background

In response to the COVID-19 epidemic, and in an earnest attempt to help bars and restaurants recover, while also providing New Yorkers and visitors COVID-safe environments, the City instituted the Open Restaurants program to allow and encourage outdoor seating, whether on the sidewalk, or in the roadways—all subject to a straightforward one-sheet trifold set of guidelines available online to print, “NYC Open Restaurants Siting Criteria, February 2021,” and which the establishments are allowed to “self-certify” that they are in compliance with. Money quote: “Business must self-certify that they comply with all requirements stated in this application.”

The public reaction city-wide has generally been positive, along the lines of making the City more “European”, etc. That said, Community Board 2 has heard from a good number of locals that the program has a number of issues, such as: blocked sidewalks (the focus of this article), but also, unsafely narrowed streets, lack of access to building entrances, obstructed garbage pickup, noise, and even such shockers as blocked fire escape ladder drops and… vermin.

Physical Issues. Basically, with respect to sidewalks, businesses are required to maintain an 8-ft minimum clear path, and, “seating and tables must be up against the wall of the business or as close as possible.” Note that the guidelines do not address—and apparently do not anticipate or ALLOW for—on-sidewalk semi-permanent sheds, platforms, and the like. In short, the sidewalk needs to be clear when the business is not open for business.

Explicitly, “nothing allowed on sidewalk adjacent to the curb” in the “Amenity Zone,” the first 5’ (max) measured from the curb for things like tree pits, signage, Express Bus kiosks, advertising kiosks, mailboxes, etc. The Siting Criteria specifically address all that, all to maintain (repeat after me) an eight foot minimum clear path.

Apparently, dozens of businesses interpret this brochure differently—some defiantly so.

Defiance. A good number of businesses, once reminded of their own self-certification, make no correction. And that’s putting it mildly. Some have responded by taking even MORE of the sidewalk—the public square if you will.

Or telling this author, “It’s up to the city.” In point of fact, that alone is a denial of their own self-certification.

Or asking this author, “Do you have a tape measure on you?”… when the clear path is maaaaybe five feet, not counting their PLANTERS. So call it four. Generously.

What About… But what about establishments that have only recently opened, and did not struggle through the early days (months? YEAR?) of COVID? Is it fair that they be given the same free use of the public space as the survivors?

And what about those establishments that are on Village streets and byways with narrow sidewalks in the first place, or which due to the luck of the draw are opposite bus stops or have fire hydrants on their curb?

And what about those roadway sheds that have been up—and unused—for over the allowed 30 days, whether erected before the establishment ever opened for business, or whether it has since gone out of business? How about those permanent—and utterly illegal—sheds ON the sidewalks?

And what of local car-owners, and the loss of dozens if not hundreds of parking spots?

Enforcement. Again, this program relies on “self-certification.” Apparently and empirically, that’s ALL it relies on. This. Must. Change. Imagine how many car owners would comply with Alternate Side Parking (returning to twice a week in July) if there were no parking enforcement Law Enforcement Officers?

To that point, this author spoke off-the-record with one such “LEO” last week. When asked, “Why can’t you guys ticket restaurants,” the LEO said they were not given that responsibility, and change would have to come from the top. Fair enough. But, I pointed out, both parking regulations AND sidewalks and roadways are under the jurisdiction of the one-and-the-same NYC Department of Transportation, which does not itself have the same enforcement powers, let alone staff walking the streets DAILY, as NYPD. Bridges need to be built, and tolls levied. (In another twist of irony that any Mayor Orwell would be proud of, Meter Men rigorously ticket trucks for double-parking…. Partly because there are illegal roadway sheds IN THE LOADING ZONES. Case in point (being named by name because THIS stunt is SO egregious): “Fairfax,” on West 4th at West 10th. Note further that for a corner location, the roadway setup must be 15’ back from the crosswalk.)

Just Desserts. So, what’s for last? Join me in NOT PATRONIZING the worst offenders. Join me in handing out Open Restaurant brochures. Join me in keeping this topic on CB2’s front-and-center agenda. Join me in flagging this topic to your local City Council member. And then join me for a meal or adult beverage at any of the vast majority who ARE playing by the rules, and doing all they can to stay in business, and keep their staff employed.

Sid E. Walker is the pen name (no, really?) of a long-time local village resident, parent, and professional civil engineer, who has been active in local community issues for the past 15 years, and who would like to see bars and restaurants recover from Covid and succeed, while still keeping sidewalks passable. His family have been Villagers for three generations.

WestView News and city agencies are asking you, our community, for feedback on how to improve the Open Restaurant program. Please tell us what you would like to see different about the outdoor dining options for our city, what would make it better? We plan to provide updated information in an article next month, and we’d like to include comments from the public too. Just drop us a line at brianpape@mac.com by May 18. Thank you.