In the hardest moments of the Covid pandemic-000, the creation of the “Open Restaurants” program, which has helped more than 12,000 restaurants in the Big Apple in the midst of the crisis, was a “lifesaver” for Latino merchants like Chano Morales, owner of the Chano Cantina business, in Astoria, Queens.
The Mexican, who was hanged due to the havoc that the pandemic caused after the closure order of business, he was able to stay afloat and even reach the other shore strengthened, thanks to the fact that the City allowed him to create a shed under the sidewalk, with outside tables.
“Leaving the program permanent would be a success, because using the spaces we have helps us recover much of what we lost,” said the restaurateur, at a time when the so-called Week of and the restaurants begin, and that the clientele of the messages usually increases.
But just as the City is working on a plan to make the “Open Restaurants” initiative permanent, the plan for tables in outdoor spaces received a new legal setback, which adds more thorns to the continuity of the initiative, which would give a low blow to the finances of small businesses, including many Hispanics and immigrants.
And it is that after last March a judge of the Supreme Court of New York requested to the City to put a magnifying glass on the program, after a demand from 22 residents who complained about the huge environmental impact of the initiative on the quality of life of New Yorkers, are now returning the darts. A total of 35 plaintiffs from Manhattan, Brooklyn, Queens and the Bronx, filed actions in court to end the initiative, mainly complaining about excessive noise, traffic, garbage and dirt, due to the “booth” style structures that occupy streets in the Big Apple.
“(The plan) generates increased and excessive noise, traffic congestion, litter and uncontrolled rodent populations, blocking of sidewalks and streets, which makes plaintiffs and others unable to navigate safely through the streets and sidewalks of the city, and a decrease in parking that some depend on, ”says an aside from the lawsuit.
Robert Camacho, president of Brooklyn Community Board 4, one of the plaintiffs, criticized that in many cases, the original plan for which the program was created even no longer meets that goal.
“Now, some restaurant owners sheds are being used for storage, not outdoor dining… some are littered; some of them have young people taking drugs”, assured the plaintiff.
Shannon Phipps, of the community action group Berry Street Alliance, another of the plaintiffs, insisted that trying to preserve the program violates the law.
“We oppose the overreach of the government and the power”, commented the plaintiff.
José Alegría, owner of “Deli Restaurant” in Long Island City was concerned about the legal progress of the lawsuits against the plan that allows businesses to have tables outside and to be able to recover the income that was lost in the worst moment of the pandemic.
“If they take away our little tables outside, they take away a lot from us“, assured the Guatemalan. “It is not fair that we all pay for some. What the City has to do, and in that I understand the complaints, is to force the outside buildings that are not being used to be knocked down, but not to take away the outside tables from all of us, “added the small businessman .
Michael Sussman, attorney for The plaintiffs criticized that the “Open Restaurants” program, which was intended to be temporary, was implemented without taking into account the voices of the communities.
But regarding these complaints, the Department of Transportation (DOT ), the agency in charge of managing the transition from the temporary plan to a permanent initiative, has defended the inclusion of the public in the process, holding several meetings and community boards.
Furthermore, and repeatedly, as in their hearing at the City Council, City and DOT officials have made it clear that the idea is to keep outside tables, but not the “casita” type constructions seen today, which are largely the Apple of discord.
“A robust outreach and engagement program will be established at the community and municipal level to share design concepts prior to the City’s rulemaking process known as the City Administrative Procedure Act, or CAPA. It is through CAPA that the City will finalize and adopt formal rules related to the permanent Open Restaurants program, including rules for outdoor sidewalk dining structures,” the DOT warns of the plan moving forward between this summer and fall.
Despite the declarations of that organization, ordinary residents like Lourdes Molina, from 050 years old, who lives in the 30 Avenida de Astoria, assures that she has not heard of any calls for meetings about the program in her neighborhood and said visibly upset on the street corner 38 that he wants the exterior table structures to be removed soon.
“Look at that, that It’s just dirt and grime. Plants and weeds have even grown around the structure, because that restaurant doesn’t even use those spaces anymore. That is where I think the City and the inspectors are failing. We have to put an end to that vagrancy and that the tables outside are only on the sidewalks that are wide and not in all of them, much less in the streets”, said the Colombian.
Sebastián Hernández, who works as an assistant waiter in a restaurant on Broadway Avenue in Long Island City, called on the City to listen to residents’ complaints to come up with a balanced plan to address complaints of filth and disorder, but asked that the program not be canceled.
“This plan feeds many of us, because the tips grow and it gives more hours of work. Perhaps now many do not see it because it is summer but when the cold arrives those places are extra outside dining rooms that serve us. I hope they don’t remove them, “said the Peruvian.
In the midst of the lawsuit and complaints from residents such as the plaintiffs, and the call from businesses to continue with the program, what is being a fairly strong pulse, Mayor Eric Adams once again showed his support for the initiative, which has made counties such as the Bronx, Queens and Staten Island, where previously having tables outside was unusual, now it is common and helps increase income to food stores.
“This is an important industry”, said the mayor. “I’m a big fan of outdoor dining. And our restaurant owners have been through a very difficult period. Some of them are still behind on their payments. And anything you can do to help our restaurant industry that employs dishwashers, waiters, busboys, this is an important industry and it’s an indicator of our city”, the Mayor mentioned.
However, Adams accepted that some sites are not complying with the reasons for which they were created and said that a review is urgently needed.
“The demand is going to develop by itself. But I am in favor of outdoor dining. I think we need to change things because some of the outdoor eating places have become dangerous. They have become places that are not suitable,” said the local president.
“And I think there is a way to modify to standardize how the structure should look like, and they have to be used. Cannot be used for storage. It cannot be used for all other things. But I am in favor of outdoor dining. And I think it was a lifesaver for the restaurant industry,” Adams added.
The emergency program that was created in the 1536, will end this 2022, and if the Court has nothing else, the plan indicates that as of 2023 would be permanent, but all restaurants that currently have benefited from outdoor spaces will have to reapply for their permits.
Data of the ‘Open Restaurant’ program in NYC:
- 12,08 restaurants, bars and cafes currently have outdoor tables and tables on the tracks.
- 1,000 outside food places were in NYC before the pandemic.
- 5,900 Outside dining is in Manhattan.
- 3,000 outdoor restaurants are in Brooklyn.
- two,400 are in Queens.
- 768 are in the Bronx.
- 225 are on Staten Island which before the pandemic had 0.
- 100, jobs are estimated to be man thanks to the outdoor dining rooms.
- 2022 ends the temporary emergency program.0869464
- 2048 will be the year in which the program will start permanently.
- All restaurants must request their licenses again.
- 4 months will last the process to award sidewalk dining licenses.
- 5 months will last the procedure to deliver dining room licenses on the roads.
- $1,050 will be the cost of permanent licenses.
- $525 will be the renewal value ation.