Another NIMBY Lawsuit Seeks To End New York City Outdoor Dining Program

[Kamaji]

Another NIMBY Lawsuit Seeks To End New York City Outdoor Dining Program

Several dozen NYC residents want to repeal the regulations allowing outdoor dining in the city.

BAYLEN LINNEKIN
8.6.2022

A new lawsuit could end New York City's popular outdoor dining program.

The suit, which names New York City and New York State as defendants, was filed last week by around three dozen city residents in New York Supreme Court. The plaintiffs allege the city's continued operation of the Temporary Open Restaurant (TOR) program, which gave city restaurants a lifeline during the Covid pandemic by allowing them to create outdoor dining structures along the respective city streets and sidewalks where they operate, constitutes an "illegal encroachment upon [the city's] public sidewalks, streets[,] and roadways on the no longer viable ground of a 'public health emergency.'"

The plaintiffs claim the expansion of outdoor dining in the city under the TOR program has negatively impacted their quality of life. Among the various "injuries and indignities" and other "substantial externalities" the suit alleges are "increased and excessive noise, traffic congestion, garbage and uncontrolled rodent populations, the blocking of sidewalks and roadways, causing petitioners and others to be unable to safely navigate the city's streets and sidewalks, and a diminution of parking upon which some petitioners depend."

In response to the new lawsuit, New York City Mayor Eric Adams, a supporter of expanded outdoor dining options, said the program is essential for the city, but admits some changes may be needed. "[W]hatever I can do to help our restaurant industry that employs dishwashers, waiters, busboys and -girls, this is an important industry and it is an indicator of our city," Adams said. "And so the lawsuit is going to play itself out. But I'm a supporter of the outdoor dining."

New York City's TOR program, authorized under state law, has been in place since June 2020, when it was implemented under then-Mayor Bill de Blasio. It was intended to reduce Covid infections while helping restaurant owners and workers survive the one-two punch of the virus and related restrictions on indoor dining.

"The program has been so successful that lawmakers have moved to make it permanent," I explained in a column last fall in which I also noted more than 12,000 city restaurants had taken advantage of the program.

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Source:  https://reason.com/2022/08/06/another-lawsuit-seeks-to-end-new-york-city-outdoor-dining-program/

[Cyber Liberty]

At first blush, I side with the Plaintiffs.

[Kamaji]

At first blush, I side with the Plaintiffs.

Fair enough; however, I think a more nuanced approach is required.  The program should be formalized, and a hearing process implemented so that affected neighbors can have their say.  There are certainly places where all it does is cause unnecessary noise on an otherwise quiet residential block, but there are plenty of other places where it adds a lot to the vibrancy of the neighborhood.  One thing that definitely has to be upgraded is the quality of the structures; some of them are nice wood structures; others are just thrown-together PoS'es that quickly become eyesores.

[Cyber Liberty]

Fair enough; however, I think a more nuanced approach is required.  The program should be formalized, and a hearing process implemented so that affected neighbors can have their say.  There are certainly places where all it does is cause unnecessary noise on an otherwise quiet residential block, but there are plenty of other places where it adds a lot to the vibrancy of the neighborhood.  One thing that definitely has to be upgraded is the quality of the structures; some of them are nice wood structures; others are just thrown-together PoS'es that quickly become eyesores.

I was hoping you would respond.  It's always deeper than first blush so it's nice to understand the machinery.

Every time I see stock footage of the streets of NYC, I see jam packed sidewalks.  How does this work in the modern, now a-go-go days of The Plague, do dining tables work?  Are the sidewalks empty of pedestrians?

[Hoodat]

At first blush, I side with the Plaintiffs.

I would consider any 'quality of life' argument in NYC to be frivolous.