
AMNY
New York City has been hit with a class action lawsuit seeking to
overturn its newly permanent outdoor dining program, with petitioners
claiming the popular al fresco eateries are an unconstitutional
nuisance.
The suit, filed against the city in Manhattan Supreme Court on
Monday by 30 New York City residents, claims the recently-enacted
permanent outdoor dining program — which replaced the temporary,
emergency-authorized
program that began during the COVID-19 pandemic — is illegal for not
having been subject to a full environmental impact review and public
comment.
That allowed the city to enact what the petitioners describe as a
“massive change to the cityscape that defines New Yor[k] City” that is
“highly destructive to city neighborhoods and the petitioners who reside
in them.”
Before the pandemic, outdoor dining was only allowed in a few areas
of the city, mostly in Manhattan, and was subject to a long,
bureaucratic and expensive approval process. Soon after COVID-19 struck
the city and forced restaurants to shut their doors, city officials used
emergency powers to significantly liberalize permitting for outdoor
dining, allowing thousands of eateries the chance to reopen for
customers to dine in and greatly expanding the scope of al fresco
eating. Many built elaborate shacks on the sidewalk or roadway for
dining.
City officials and restaurant industry reps have
claimed the outdoor
dining program saved 100,000 restaurant industry jobs and kept
innumerable eateries from having to close. Pandemic-era polls showed the
program to be broadly popular with New Yorkers; a December 2020 poll by
Siena College and Transportation Alternatives found 64% of voters,
including 78% of Manhattan voters, found outdoor dining a valuable use
of curb space.
Still, others were less than enthused from the beginning. Critics of
outdoor dining have contended that dining sheds take away parking spots,
attract rats and other vermin, are havens for homeless New Yorkers and
crime, and bring noisy crowds to their blocks for all-night revelry.
“This saturation of outdoor seating is not serving me, my family, or
my business. It has made this neighborhood pretty much unlivable most of
the time,” said Ellen Koenigsberg, a Lower East Side resident who owns a
vintage clothing shop and is a petitioner in the class-action suit, in
an affidavit. “I feel like I always have uninvited guests in my
apartment that just will not leave.”
Others are perturbed by what they contend are “ugly” dining sheds.
“They mostly look like large, dirty garages and disrupt and
change the nature of the street,” said fellow Lower East Side resident
and petitioner Elizabeth Dworkin. “It feels like a fort has been built
on the block to keep the local residents away so paying customers and
bars, clubs, and restaurants can occupy all of the public space.”
This
claim about how these shanties saved 100,000 jobs is highly dubious,
until you consider that probably over half of them were waiters on
wheels from all those bike deliveries during the pandemic.