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Outdoor Dining during COVID? Analyzing the Impact of New ...
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Outdoor Dining during COVID? Analyzing the Impact
of New York City's Open Restaurants Program
A Thesis Presented to the Faculty of Architecture and Planning
COLUMBIA UNIVERSITY
In Partial Fulfillment of the Requirements for the Degree of
Master of Science in Urban Planning
By Hanzhang Yang
Advisor: Hiba bou Akar
Reader: Boyeong Hong
April, 2021
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© 2021 Hanzhang Yang
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Abstract
The purpose of this research is to better understand the conflicts developed by New
York City's Open Restaurants program, which intends to help the city's hospitality industry
rebound during the COVID-19 pandemic. This research proposed that the Open
Restaurants program's predecessor will be the Sidewalk Cafes program. Still, its state of
exception nature eliminates the community governing process, encourages the future
privatization of public space, and creates conflicts on the access to sidewalks. Through
historical and theoretical research on urban planning, government policy, and urban
studies, the research argued that the Open Restaurants program was a faux revival of the
falling public life when it failed to create or resume connection between users of the street.
The author also gave recommendations to the Open Restaurants program to protect
equitable access to sidewalks and strengthen community autonomy.
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Acknowledgments
When the COVID-19 pandemic made my graduate study fully online and at home, I
realized that our lives had changed. Living in a state of emergency and one of the
epicenters of the COVID-19 pandemic made me witness how our daily public spaces’
identity and ownership changed dramatically. When the government ordered us to stay at
home, we retreated from the streets. When New York City opens the sidewalks and streets
for restaurants to set up outdoor dining areas, pedestrians and cyclists are no longer the
first priority to use these public spaces. I have mixed complaints and compassion for our
city, our public spaces, our government, and our people. All of these triggered me to write
my thesis around the issues of the Open Restaurants program, as one of my previous
papers in Spring 2020 On Spatial Exclusion and Planning already focused on the daily
spatial activism in the creation of public spaces during the state of emergency.
I must thank Professor Hiba Bou Akar for encouraging me to continue my interest in
public space, to write on this topic, and strive for the goals, your guidance and support gave
this research depth. I would also like to thank Professor Beyeong Hong for agreeing to be
my thesis reader, your advice and feedback are invaluable. Furthermore, I would like to
express my appreciation to Zhengzhe, my roommate and best friend who went to most of
the site visits and enjoyed the outdoor dining with me. I must extend my acknowledgment
to Dr. Shitong Mao, whose comments helped me illustrate my abstract in a better way. Also,
my classmates and other students in Columbia Urban Planning, you rock! Finally, to my
father and mother who always gave me love and support, and blessed me with the
opportunity to pursue my study of urban planning.
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Table of Contents
Abstract iii
Acknowledgments v
List of Figures viii
List of Tables ix
Note Concerning Images ix
Part One: Introduction, Background, and Literature Review 1
Chapter 1. Introduction
Chapter 2. Background 2
2.1. The Open Restaurants Program 3
2.2. The Sidewalk Cafés Program 11
Chapter 3. Literature Review 15
3.1. History of Outdoor Dining 15
3.2. State of Exception 18
3.3. The Fall of Public Street Life and America’s Automobile Dependency 19
Part Two: Methodology 21
Chapter 4. Research Question 21
4.1. Are Open Restaurants new? 21
4.2. What are the differences between Open Restaurants and Sidewalk Cafes? 21
4.3. Can Open Restaurants revive the public life on the street? 21
Chapter 5. Research Method 22
5.1. Data Collection 22
Chapter 6. Case Studies 23
6.1. Mulberry Street, Manhattan 23
6.2. West 32nd Street, Manhattan 25
6.3. Greenwich Village, Manhattan 27
Part Three: Findings 30
Chapter 7. Differences between Open Restaurants and Sidewalk 30
Chapter 8. Open Restaurants as a questionable initiative 38
8.1. Affordability to Build and Operate Outdoor Settings 38
8.2. Creating Nuisance or Misunderstanding 40
8.3. Open Restaurants as the Faux Revival of Public Life 44
Chapter 9. Open Restaurants in the post-COVID New York City 45
9.1. City Government to review the Open Restaurants program 46
9.2. Department of Consumer Affairs to collect Revocable Consent and overview
Open Restaurants program 46
9.3. Community Board step in to Review Open Restaurants applications 46
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List of Figures
Figure 1 Open Restaurants Interactive Map (As of March 22, 2021) p.4
Figure 2 Number of Open Restaurants Application between June 19, 2020, to September 30,
2020 p.5
Figure 3 Distribution of Approved Open Restaurants in New York City p.7
Figure 4 Open Restaurants by Outdoor Dining Area Size, Lower Manhattan p.8
Figure 5 The Visualization of Outdoor Dining Area Siting Criteria p.9
Figure 6 The Sidewalk Café in Columbia Circle p.12
Figure 7 St. Denis Hotel, New York City, circa 1908 p.13
Figure 8 Feltmans' Sidewalk Café in Coney Island p.18
Figure 9 Mulberry and Hester Street, Little Italy, Manhattan, New York p.24
Figure 10 Mulberry Street with pedestrian mall operating p.24
Figure 11 Mulberry Street with in-street dining p.25
Figure 12 Tents and Scaffolding on West 32nd Street’s Sidewalk and Roadway p.26
Figure 13 An Enclosed Outdoor Dining Structure in West 32nd Street (January 2021) p.27
Figure 14 The number of Approved Open Restaurants by Community District (between
June 19, 2020, to September 30, 2020) p.28
Figure 15 Outdoor Dining Structure on Sidewalk, Greenwich Village (October 2020) p.29
Figure 16 Sidewalk Café Regulations in Midtown and Lower Manhattan p.31
Figure 17 Distribution of New York City’s Restaurants p.35
Figure 18 Distribution of New York City’s Sidewalk Cafes p.36
Figure 19 Distribution of New York City’s Approved Open Restaurants p.37
Figure 20 An Empty Outdoor Eating Area in SoHo During the Snowstorm p.39
Figure 21 Sidewalk Open Restaurants (Blue dot) on the street with sidewalk width less
than eight feet(Redline), Little Italy, Manhattan, New York City p.41
Figure 22 A Restaurant's Tent Obstructed the Sidewalk (December 2020) p.42
Figure 23 Change in usage by transportation mode, New York City p.43
Figure 24 Photograph showing an Outdoor Dining Streetery in East 29th Street p.43
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List of Tables
Table 1 Descriptive statistics of Open Restaurants applications’ outdoor dining area (in
square feet) p.6
Table 2 Comparison of Element of Outdoor Dining under Sidewalk Café and Open
Restaurants p.33
Note Concerning Images
Unless cited otherwise, all of the images included in this thesis are from the author’s
collection.
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Part One: Introduction, Background, and Literature Review
What New York does not offer, however, is a place for a tired tourist to take a load off
his feet, buy a cool drink and nurse it for as long as he wishes without arousing a
waiter's scorn, start a conversation with a total stranger at a table near by without
fearing the fellow will suspect him of being crazy - a sidewalk cafe!
- Marek Truchan (1958)
Chapter 1. Introduction
To understand how the New York City's Open Restaurants policy affects the
hospitality industry and how the outdoor dining occupied public-owned sidewalks and
roadways in New York City, this research looks beyond the conventional structure of one
static thesis paper to demonstrate urban planning knowledge and findings, but venture into
urban journalism, a novel means of data literacy which combined urban planning data with
journalism, to make an ad-hoc, flexible, and steady contribution to the knowledge and
information about Open Restaurants and outdoor dining in New York City.
This thesis will study New York City's Open Restaurants policy's delivery and
outcome and how the hospitality industry utilizes sidewalks and roadways as dining space
under the Open Restaurants policy. The Open Restaurants program's continuation of nearly
six months generated an enormous amount of data either directly or indirectly related to
the program, for example, Open Restaurants applications and inspection data, 311
complaints related to Open Restaurants, etc. Through data-mining these Open Data, the
research is expected to create narratives and data analysis to help urbanists, government,
and citizens to have a better understanding of Open Restaurants programs and
consequences. For example, topics like how well the Open Restaurants policy is delivered,
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the underlying difficulties for the restaurateurs and bar owners to apply to the program,
and how this outdoor dining program will affect New York City's different neighborhoods
will be discussed. The research will generate urban journalism articles published through
Medium to address New York City's Open Restaurants program's research topics as the
central part of the master's thesis. Introduction, literature review, and conclusion will also
be written to complete the thesis.
Chapter 2. Background
As one of the crucial socio-economic pillars of the economy, the restaurant and
hospitality industry is the foundation of modern society, and the COVID-19 pandemic’s
impact on the global restaurants and hospitality industry was immense (Dube et al, 2020).
As one of the epicenters of COVID-19 outbreak in the United States (Thompson et al.,
2020), New York City’s restaurants and other hospitality establishments also underwent a
huge financial downturn during the pandemic and lockdown. The 23,650 food
establishments in New York City provide about 317,800 jobs in 2019; it paid $10.7 billion in
total wages and made nearly $27 billion in sales (Office of the New York State Comptroller,
2020). Since 8 pm of March 16, 2020, all the New York City restaurants and bars were
forced to shut down their dine-in business to help the control of gathering because of the
COVID-19 pandemic in the City; only takeout and delivery services were permitted
(Cuomo, 2020a). Many restaurants were preeminently closed because they could not afford
the transition to takeout and delivery services. The income from the takeout and delivery
services aligned with the policy mentioned above could not sustain it. As of December 2020,
at least 1,000 restaurants have closed due to the downturn brought by COVID-19 (Fortney,
2020).
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2.1. The Open Restaurants Program
Program Overview
With the closure of indoor dining in New York City in March 2020, New York City's
hospitality industry is waiting to resume indoor dining as they complain the earning from
takeout and delivery service cannot support the business. Many other municipalities and
regions in New York State resumed limited indoor on-premise restaurant and bar service
following the state-wide reopening plan, like Capital Region and Mid-Hudson region, which
resumed 25% capacity on June 17 and June 23, 2020, respectively (Sucato, 2020). However,
New York City's food industry has not been allowed yet to reopen indoor dining until the
end of September (Sutton & Warerkar, 2020). Under pressure from the City's hospitality
industry and their coalitions, the City allowed and focused on promoting outdoor dining,
which started on June 22, 2020, through the "Open Restaurant" program. The "Open
Restaurant" program transformed sidewalk and street spaces into outdoor extensions of
restaurants and bars. More than 10,000 establishments are currently enrolled in the
program, but it only covered one-third of the 30,000 eateries in the City before the
pandemic. Under the Open Restaurants program, outdoor dining facilities' occupation of
sidewalks or roadways marked a partial occupation of public space for private use without
charge, which differed from the City's Sidewalk Cafe that charges consent fee as acting rent
of the sidewalk. The Open Restaurants policy could be seen as the government's concession
to the City's food industry. The foodservice business was dramatically hit by COVID
financially since the pause of indoor dining from March 2020 (Office of the New York State
Comptroller, 2021). The Open Restaurants program, in the meantime, only provided access
for restaurants licensed by the NYC Department of Health and Mental Hygiene and with
ground floor frontage access to occupying public spaces, and restaurants not located on the
ground floor were rejected from the City's initiative.
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The interactive map and dashboard created by the NYC Department of
Transportation provide the public a simple and streamlined way to access the visualized
data of Open Restaurants applications. As shown in Figure 1, the interactive map and
dashboard show different types of Open Restaurants and provide the user access to detailed
information like select by Borough, ZIP Code, or search restaurants by name. The
dashboard also acted as a way to promote the publicity of the program, which could be
understood as a measure by city governments to boost the morale among its citizens.
Figure 1
Open Restaurants Interactive Map (As of March 22, 2021)
Source: NYC Department of Transportation (2021b)
Implementation
Once the city government announced the Open Restaurants program, business
owners showed significant interest in setting up outdoor dining. Between June 19, 2020,
the start date of Open Restaurants application, to September 30, 2020, the resume of indoor
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dining, 111,14 applications submitted to the Department of Transportation, the primarily
responsible department overseeing the project (see Figure 2). The department rejected only
352 out of these 111,14 applications.
Figure 2
Number of Open Restaurants Application between June 19, 2020, to September 30, 2020
Source: NYC Department of Transportation (2021a)
The majority of the Open Restaurants applicants (7,718 out of 111,14, or 69.4%) were
qualified for selling alcohol. According to the Governor's Executive Order No. 202.52
(Cuomo, 2020b), all alcohol sales must accompany food, which leads to many
establishments, especially bars, starting to sell one dollar pretzels or chips to meet the
requirement.
The size of outdoor dining settings also differs dramatically. Table 1 shows the Open
Restaurants approved applications’ sidewalk, roadway, and total area. From the statistics,
we can learn that the size of the outdoor dining area generally was small, and most of them
were only able to accommodate a few tables.
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Table 1
Descriptive statistics of Open Restaurants applications’ outdoor dining area (in square feet)
count mean std min 25% 50% 75% max
Sidewalk
Area
9,540 265.62 1,012.43 0* 112 220 400 50,000
Roadway
Area
7,019 391.06 446.38 0* 128 192 300 25,000
Area total 11,114 503.43 1,155.07 0* 165 304 552 58,000
* Some applicants did not file the size of the outdoor dining area.
Figure 3 shows the distribution of Approved Open Restaurants in New York City
between the period of June 19, 2020, to September 30, 2020. In the following map, the size
of each Open Restaurants’ outdoor dining area was visualized, and Figure 4 zoomed in to
the Lower Manhattan area, where the neighborhoods have the highest density of Open
Restaurants. Figure 5 is the Department of Transportation’s visualized instruction to help
the Open Restaurants applicants to self-evaluate and certificate the design of outdoor
dining.
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Figure 3
Distribution of Approved Open Restaurants in New York City
Source: NYC Department of Transportation (2021)
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Figure 4
Open Restaurants by Outdoor Dining Area Size, Lower Manhattan
Source: NYC Department of Transportation (2021); Basemap: CARTO Maps through
MapTiler QGIS plugin1
1https://www.maptiler.com/qgis-plugin/
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Figure 5
The Visualization of Outdoor Dining Area Siting Criteria
Source: NYC Department of Transportation (2020)
Brief Timeline of the Open Restaurants program:
● On June 22, 2020, restaurants in New York City were allowed to apply and
self-certify to use the sidewalk and curb lane (the outermost lane on the roadway)
adjacent to their business as outdoor dining space. Also, with the owner's approval,
they were allowed to expand in front of neighboring properties.
● On September 25, 2020, Mayor Bill de Blasio announced that the Open Restaurants
program would be permanent in New York City.
● On September 30, 2020, New York City resumed limited indoor dining with 25%
capacity. Unfortunately, starting from December 14, 2020, due to the number of
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Covid-19 cases and hospitalizations continuing rising, New York Governor. Andrew
Cuomo ordered a halt to indoor dining in New York City. The indoor dining resumed
again on February 14, 2021.
● In October 2020, to adapt to the forthcoming winter weather, New York City issued
rules for heating outdoor dining spaces. Electric heaters are allowed on both
sidewalks and roadways. Propane heaters and natural gas radiant heaters are
permitted on sidewalks only. The use of gas-burning heaters needs permits from
FDNY and complies with respective regulations (New York City Department of
Building, 2020).
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2.2. The Sidewalk Cafes Program
To better understand the Open Restaurants program, this research also studied the
history of Sidewalk Cafes in New York City, which I proposed as the predecessor of the
Open Restaurants program. The Sidewalk Cafes program regulates the business activities
of outdoor dining on the streets in New York City, and many of its regulations can be seen
in the Open Restaurants program’s requirements.
While eating outside in parks, beaches, and streets becomes more popular, these
activities are regarded as non-business. In the picnic case, the food was brought to the park
by the eaters, and hot dogs sold to the Coney Island visitors inside Feltman's and others'
restaurants. None of these involved doing business in public space, which is highly
regulated in New York City. According to the New York City government, any structure or
activity extending beyond private property lines requires revocable consent from the city. If
you don't want to pay the annual charge for revocable consent, no business activities can
happen. For example, the New York City's Street Seats program allows businesses to turn
street spaces into public seating from March to December each year, but no order taking or
money exchange can happen in these street seat spaces, as customers are still allowed to
order inside the business (NYC Department of Transportation, n.d.).
Pre-Legalization Sidewalk Cafes in the Early 20th Century
Not until 1933 New York City started to allow Sidewalk Cafes legally (New York
Bars Sidewalk, 1933), but outdoor seating set up by restaurants on New York City's public
sidewalks can be dated back to the mid-19th century. A New-York Tribune article described
the sidewalk cafes set up in Manhattan's Columbus Square in 1899 as shown in Figure 6,
where small tables were placed closely together on the street for parties of two to four. Most
customers will come between 9 pm to midnight for alcoholic drinks with the background of
music played by a small orchestra.
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Figure 6
The Sidewalk Café in Columbia Circle
Source: High Life in the Circle (1899)
At that time, many notable restaurants and hotels in Manhattan will embrace this
outdoor dining experience, branding themselves as Continental. According to social
historian Jan Whitaker (2010), the earliest literature on the sidewalk cafe in New York can
be date back to at least 1891. In Ingersoll's (1891) A Week in New York, the author told the
reader, when they finish shopping, they can rest their feet under the "vineclad, bush-shaded
bower" in front of the Vienna Cafe in St. Denis Hotel, located in the East 11th street.
Whitaker also mentioned the famous Louis Sherry, one of the Gilded Age restaurateurs in
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New York City, also claimed the title for setting up the first sidewalk in the U.S., outside his
restaurant's Fifth Avenue location.
Figure 7
St. Denis Hotel, New York City, circa 1908
Source: A postcard showing (circa 1908)
It was when the commercial activities in New York City's public spaces hadn't been
fully regulated. But we can learn that before 1933, New York City has the provision of the
ordinance regulating the sidewalks, one of the essential part of the public land owned by
the city, as the Commissioners' Plan of 1811 dedicated about 30 percent of the city's land to
sidewalks and streets (Angotti, 2011, p.62). In 1926, a tea room operated by Mrs.
Hildegarde Dursee in Forest Hill, Queens, was charged by Patrolman Charles Rome
because her tables and chairs on the sidewalks were obstructing the way. The case was
brought to court and ended up with the judge finding that Mrs. Dursee's tea room is located
on a private street, not in the city ordinance's regulation, and the case was dismissed
(Sidewalk Cafe Found Legal, 1926).
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Sidewalk Cafes in New York City after 1933
Although outdoor seating set up by restaurants on sidewalks can be dated back to
the mid-19th century, it was not until March 2, 1933, and New York City started to allow
sidewalk cafes legally (New York Bars Sidewalk, 1933). At that time, the only type of
Sidewalk Cafe allowed is unenclosed, which the service and patron might be affected by the
weather.
In the mid-1960s, city officials began to encourage restaurant owners to open more
sidewalk cafes. This effort was brought by John Lindsay, who was New York City Mayor
from 1966 to 1973. Mayor Lindsay is a sidewalk cafe advocate, and he was behind Harlem's
first sidewalk cafe. Frank's restaurant owner, Lloyd von Blaine, told the reporter that it is
Lindsay who suggested he open the sidewalk section to the restaurant (Sidewalk Cafe to
Open, 1967). During Lindsay's term as Mayor, the city allowed the restaurants to build
enclosed sidewalk cafes starting from January 1, 1969, which the enclosures can enable the
cafes to stay open all year (Shipler, 1968).
Currently, setting up tables on the sidewalk, taking orders, and serving food on the
street to seated customers in New York City is categorized under the Sidewalk Cafes
program, which is now overseen by the City's Department of Consumer Affairs, who
granted the revocable consents to Sidewalk Cafes (Rules of the City of New York,
Subchapter F of Chapter 2 of Title 6). Sidewalk Cafes’ approval used to be a long process to
take more than 400 days to get the Sidewalk Cafes to permit due to the multiple agencies
and community organizations involved.
Kaiser (1977) reported the lengthy application process of sidewalk café in the 1970s,
which generally took over one year to finish. Berg (2007) addressed that the 2002 revision
of the sidewalk café application shortened the new application process down to 140 days
and appointed the Department of Consumer Affairs as the only government agency
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responsible for the licensing and enforcement process. In Cardwell's 2002 article, he argued
that sidewalk café regulation revision could introduce $ 2.5 million revenue for the City
from the fees collected from the sidewalk café applicants, according to Gretchen Dykstra,
Commissioner of the New York City Department of Consumer Affairs under Mayor
Bloomberg. As Berg (2007) also pointed out, these fees acted as rent for the use of
sidewalks. Dykstra also mentioned that business owners would pay more if the application
process becomes even faster. After the Bloomberg administration's application reform in
2002, the process is now streamlined under the Department of Consumer Affairs, but it still
takes four to five months to finish.
Chapter 3. Literature Review
3.1. History of Outdoor Dining
New Yorkers saw the overnight growth of cabins, bubbles, and tents on their streets
after June 22, 2020, starting the Open Restaurants program. The long waiting resume of
on-premise dining aimed to alter the hospitality industry's substantial financial downturn,
which suffered a three-month hiatus of dining indoor. With the help from state and city
legislators and industry representatives (Adam & Warerkar, 2020; NYC Hospitality
Alliance, 2020), New York State relaxed the limitation of consuming food and alcoholic
beverages on the public streets. New York City followed with the Open Restaurants
program. Restaurants and bars can finally set up outdoor areas on the businesses' adjacent
sidewalks and roadways, with actual diners sitting on the tables.
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Eating Outside
Eating outside is nothing special. When the weather is excellent, I will gladly enjoy
my lunch in the park or just buy a hot dog from a food truck, sitting at the nearest bench,
and dig in. Eating outside is also nothing new to everyone and every country. Looking back
to history and literature, the first known written record on outdoor meals may be Di Mo’s
(circa 5th-2th century BCE) criticism of the ancient Chinese emperor indulging himself in
eating and drinking in the wild.
We can also find a vivid image of hunting meals in Medieval Europe from the
Bayeux Tapestry's 43rd scene, where meals are cooked after hunting and brought to the
table set up in the wild to serve the nobles - bishops and knights - depicted based on the
11th-century history of William the Conqueror. The 17th and 18th centuries gourmets also
bring their wine and snack baskets to enjoy outdoors in private gardens.
Al Fresco and Picnic
In terms of etymology, al fresco, the Italian phrase "in the cool (air)" can best
describe the essence of outdoor dining. The English word "picnic" we used today comes from
the French word "pique-nique," an activity not related to having a meal in the wild but
rather a social gathering that belongs to the aristocracy where each attendee must
contribute a share to the food and drinks, or the expenditure (Lee, 2019).
Outdoor Dining in the Working Class
As the previous examples showed us a history that eating in the outdoors belongs to
the wealthier class, the city's general working class didn't get the leisure and space to enjoy
this outdoor dining format until the early 19th-century provision of public parks in the
industrial revolution cities. When the city planners and upper-class plan and financed the
city's public gardens and parks, it first served to remedy the deteriorating dense, built-up,
and industrialized cities. The open spaces and greenery were considered beneficial to the
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health of the residents. The working class started to utilize the scarce green space for
picnicking. At that time, eating outdoors usually follows the principle of "Bring Your Own
Food" as the working class tends to cook for themselves by the family. This trend hasn't
changed until the development of West Brighton, now known as Coney Island, an
entertainment area located in the southwestern area of Brooklyn, New York City, which
attracts a lot of the general public amusement park. While the rest of Brighton Beach
primarily served the upper-class of New Yorkers with their resorts and hotels, Coney Island
attracts more immigrants and working-class visitors (Sullivan & Teitelman, 2015). One of
the most successful creations in Coney Island is the hot dog. Its invention was credited to
Charles Feltman, a German immigrant and one of the first entrepreneurs investing in the
Coney Island area (Stanton, 1997). The convenience and affordability of hot dogs and other
fast food make the Coney Island beaches become outdoor eating heaven in the 1870s (see
Figure 8). Also, the extension of the subway in the 1920s draws more people to Coney
Island.
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Figure 8
Feltmans' Sidewalk Café in Coney Island
Source: Feltmans, Coney Island [Card]. (1930).
3.2 State of Exception
The Open Restaurants program is the best New York City can do under COVID and
indoor dining suspension pressure. According to the New York State Department of Labor
(2021), in January 2021, New York City's restaurants, bars, and other businesses defined as
"food and drinking places put its 51.1% workers, or 157,400, out of employment compared to
January 2020. We can also see the Open Restaurants program is part of the state of
exception, a concept of pandemic life proposed by Giorgio Agamben (2020), who argued that
the COVID-19 pandemic exposed the "state of exception" (stato di eccezione) to a normal
condition of our society, and worried this sacrifice of freedom for security reasons will
deprive citizens' social relationships, work, even friendships, and eventually, turn every one
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to bare life (la vita nuda). Agamben noted that the state of emergency might pose a threat
to society by promoting unnecessary fear between citizens and turn everyone into a
potential source of infection, like the "untore" in the 1630s Great Plague of Milan under
Manzoni's. He described the "state of collective panic" introduced by fighting the pandemic
with militarized measurements.
It is also worth mentioning that Agamben pointed out the state of exception is not
created by the COVID-19 pandemic but already existed in the daily practices of modern
government. This notion echoes Michel Foucault’s (1977, 1978) view that the European
modernity modern society is rooted in the labeling of abnormal, diseased, criminal, or illicit
subjects, and the isolation of such subjects for their betterment and the collective good. And
subjects who resist the logic of these disciplining institutions, who fight their confinement
or resist enclosure and separation, simply reinforce the perception that they are dangerous,
amoral actors who need and deserve their segregation. Foucault (1984) further analyzed the
noso-politics[biopolitics] under the topic of medical knowledge as power. He concluded that
medical service once exercised surveillance functions as “unstable” or “troublesome”
elements in the society.
3.3 The Fall of Public Street Life and America’s Automobile Dependency
David Harvey (2003) in his Paris, Capital of Modernity argued the streets of Paris,
once a public space, become the fetish reign of commodification when department store
showcasing goods in storefronts, and bourgeoisie's cafe as private leisure space, as the
customers being selected from the public. However, the working-class' cafés are regarded as
a social and political harbor in working-class life (Ibid, p.216). Walter Benjamin's analysis
of social life's random and exciting encounters in cafes also makes the sidewalk cafes part of
the urban drama (Ibid, p.217). Public life on the streets also needs diversity and variety.
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Tony Angotti (2003) argued that seniors, kids, street vendors, homeless people are essential
parts of civil liberties and public life. Richard Sennett (1992) suggested that urban
capitalism encourages people to retreat to their private family life from public life and
subtly identifies public street life as immoral. We see the slow death of public life on New
York's street. When enclosed Sidewalk Cafes were permitted in the 1960s, it made the one
hundred percent effort to prevent encounters but keep the café-goer focused on the
mimicked indoor environment.
The United State’s auto dependency also contributes adversely to the city’s lifestyle
and urban form (Pucher & Lefevre, 1996). Street life's death was also contributed by the
United States' oil and the auto industry, which are the giant land grab machines to
monopolize and privatize any public roads. From the Federal Aid Highway Act of 1956 to
Robert Moses' plan to build New York as a highway city, street life is gradually occupied by
automobiles, machines, individuals, rather than humans, and their interactions.
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Part Two: Methodology
Chapter 4. Research Question
The research aims to answer the following questions:
4.1. Are Open Restaurants new?
The Open Restaurants program allowed restaurants and other hospitality
establishments to operate outdoor dining on city-owned sidewalks and roadways. Since the
program covered more than 30,000 New York City restaurants, are there any precedents
used as references by the New York City government to create the project?
4.2. What are the differences between Open Restaurants and Sidewalk Cafes?
From the preliminary research and literature review, we learned that the Open
Restaurants program shared many similarities with the Sidewalk Cafes program, which
predates the COVID-19 pandemic. However, we also learned from the preliminary research
and literature review that Open Restaurants were fundamentally different from the
Sidewalk Cafes on the issue of revocable consent, or rent. What are the differences between
the two programs?
4.3. Can Open Restaurants revive the public life on the street?
The COVID-19 pandemic excluded the citizens from their daily public space—streets
and sidewalks, and harmed the public life and activities once happened on the street. The
Open Restaurants program is viewed by some people as bringing public life back to the
street and marked the transition from a car-oriented city to a more pedestrian-friendly city.
However, preliminary study implies that the Open Restaurants’ privatization nature might
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have some adverse potential to the public life on sidewalks and streets. The research will
focus on whether the Open Restaurants program can flourish public life on the street.
Chapter 5. Research Method
This research is based on a mixed-method research design. The first part of the
research includes archival analysis, and the second part is a qualitative research based on
(1) site visits, (2) local news, and (3) Open Data available from the New York City
government's Open Data platform. Due to the ad-hoc nature of data related to the Open
Restaurants program, the methodology and research design are constantly changing
following unforeseen circumstances like program regulation change, development of the
pandemic, and the choice of sources avoids any human subjects and interviews in the
research, which require additional IRB approval.
5.1. Data Collection
The creation of NYC Open Data in 2012 reflects the city government’s aim to make
the local government more transparent and accountable, the freely accessible data also
encourage the public to create economic opportunities and make suggestions and feedback
to local government and communities (Okamoto, 2016). Six main datasets from NYC Open
Data were downloaded and utilized in this research, include:
● Open Restaurant Applications
● Open Restaurant Inspections
● Social distancing complaints filtered from 311 Service Requests from 2010 to Present
● Sidewalk Café Regulations GIS: Shapefile
● DOHMH New York City Restaurant Inspection Results
● Sidewalk Café Licenses and Applications
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Chapter 6. Case Studies
The research’s case studies or site visits’ choice are the ad-hoc decisions made under
the COVID-19 pandemic, it covered only part of New York City, mainly focusing on the
Open Restaurants activities in the Midtown and Lower Manhattan areas, which is within
author’s access.
6.1. Mulberry Street, Manhattan
The Manhattan neighborhood of Little Italy has a long tradition of being closed to
vehicular traffic every weekend during the summer months, which can be dated back to
1974 (A Pedestrian Mall Along Mulberry St, 1974). The pedestrian mall, or in an Italian
tribute, pedonalizzazione, consists of Mulberry Street from Canal Street to Broome Street.
As Figure 9 shows, the vehicular traffic was active, but when the pedestrian mall operated
during the weekends, it turned into a pedestrian attraction, as shown in Figure 10. The
same area of Mulberry Street was closed permanently according to New York City
government’s Open Streets program, another attempt to create more public space for the
pedestrian movement and support small businesses, especially the restaurants and
hospitality industry adversely affected by the COVID-19 pandemic. Figure 11 shows the
in-street outdoor dining operation in Mulberry Street in 2020 under the Open Streets
program.
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Figure 9
Mulberry and Hester Street, Little Italy, Manhattan, New York
Source: Lund (2012)
Figure 10
Mulberry Street with pedestrian mall operating
Source: Nelson (2009)
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Figure 11
Mulberry Street with in-street dining
Source: Moran (2020)
6.2. West 32nd Street, Manhattan
Known as Koreaway, the West 32nd Street between Madison Avenue and Broadway
is a nightlife destination known for its Asian restaurants and bars. The COVID-19 make
many of them operating sidewalk and roadway outdoor dining. When the West 32nd
Street’s sidewalks are already very narrow compared to the number of pedestrians coming
to the area every night, many of the outdoor dining tables set up on sidewalks are unable to
maintain eight feet clearance and provide adequate social distancing between customers
and pedestrians, as shown in Figure 12.
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Figure 12
Tents and Scaffolding on West 32nd Street’s Sidewalk and Roadway
Another outdoor dining setup creating concern is the restricted airflow in these
structures, which are usually built by wood frames and enclosed by plexiglass or thin glass
sheets. As shown in Figure 13, while the State Liquor Authority and City government
require unrestricted airflow in the Open Restaurants settings, some operators choose to
enclose the whole space to attract customers in the cold, wet winter months.
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Figure 13
An Enclosed Outdoor Dining Structure in West 32nd Street (January 2021)
6.3. Greenwich Village, Manhattan
Greenwich Village is another nightlife attraction of Manhattan. Its community
district, Community Board 2 of Manhattan, encompasses the neighborhoods of Greenwich
Village, SoHo, NoHo, Little Italy, Chinatown, Hudson Square, and the Gansevoort Market.
Community Board 2 of Manhattan has the most number of Open Restaurants, of 841,
compared to other community districts (see Figure 14). Its residents also complained about
not having enough sidewalk egress when the abundant outdoor dining occupied much of the
public road space (Anderson 2020), as shown in Figure 15 that the structure set up by a
restaurant in Greenwich Village for outdoor dining left less than eight feet of clearance to
pedestrians.
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Figure 14
The number of Approved Open Restaurants by Community District (between June 19, 2020,
to September 30, 2020)
*Community Board 2 of Manhattan Shown in Yellow
Source: NYC Department of Transportation (2021a), NYC Department of Planning (2021a).
Basemap: CARTO Maps through MapTiler QGIS plugin
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Figure 15
Outdoor Dining Structure on Sidewalk, Greenwich Village (October 2020)
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Part Three: Findings
Chapter 7. Differences between Open Restaurants and Sidewalk
In terms of their administrative status, outdoor dining run by food service
establishments in New York City can be categorized into two groups: the outdoor dining on
private property; and the outdoor dining on the public property, i.e., sidewalks. According to
the New York City Chapter, any structure or activity extending beyond private property
lines requires revocable consent from the City,2
which gives you permission to occupy or use
the space on, under, or over a public street or sidewalk. In New York City, the predecessor of
the Open Restaurants program will be the Sidewalk Cafés.
Although outdoor seating set up by restaurants on sidewalks can be dated back to
the mid-19th century, it was not until March 2, 1933, and New York City started to allow
sidewalk cafés legally (New York Bars Sidewalk, 1933). After only months of
implementation, in 1933, sidewalk cafés were banned by the government, and in the
mid-1960s, the sidewalk cafés were re-recognized by the City (Morphocode, n.d.). To have a
sidewalk café, a food service establishment needs to be located in the right zoning area. The
City's zoning resolution regulates what types of Sidewalk Café you can have and where you
can locate them. Generally speaking, Sidewalk Café is permitted in Commercial,
Manufacturing, and High-density Residential districts only. In 2004 the city added the
Small Sidewalk Cafes category to the once Sidewalk-Cafes-excluding Midtown Manhattan
and Fifth Avenue (NYC Department of Planning, 2004). Figure 16 shows how the Sidewalk
Cafe regulations are different from one street to another in Manhattan.
2Revocable Consent, by New York City Charter, Chapter 14 §362(d), shall mean a grant of a
right, revocable at will, for allowable private use or improvements on, over and under New
York City’s Streets and Sidewalks.
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Figure 16
Sidewalk Café Regulations in Midtown and Lower Manhattan
Source: NYC Department of Planning (2021b)
Despite the Bloomberg administration reforming the application for Sidewalk Café
in 2002, simplified the application, and shortening the process to four to five months, the
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application for Sidewalk Cafe license is still subject to public reviews, and businesses need
to pay a consent fee to the City for renting the public sidewalk space. As an emergent
remedy to the food industry in New York City, the Open Restaurants program freed from
the Sidewalk Café's heavy regulation, restaurants were allowed to set up outdoor dining
anywhere in the City as long as the conditions and dimensions of sidewalks and roadways
were eligible for setting up seating. The City's Department of Transportation also listed
detailed outdoor dining criteria to locate and set up the dining space. For example, the
location, size, material, and reflector requirement of the barrier dividing the dining area
with traffic is detailed and regulated. In the meantime, many outdoor dining seatings did
not fully comply with the regulations mentioned earlier, which caused neighborhood
criticism and government inspections. The society generally appreciates the Open
Restaurants program, which supported New York City's food industry and 300,000 workers.
However, businesses' practice making a profit on sidewalks and roadways generates
concern for public spaces being encroached by capital. Table 2 outlined and compared the
differences between the Open Restaurants and Sidewalk Cafes program. The comparison
suggests that the Open Restaurants program relaxed hugely on the outdoor settings’
location, and their application/approval process.
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Table 2
Comparison of Element of Outdoor Dining under Sidewalk Café and Open Restaurants
Element Sidewalk Café Open Restaurants
Responsible City
Department
Department of Consumer Affairs Department of Transportation
Application process Submit at least 14 types of forms and
applications to the NYC Department
of Consumer Affairs. Generally, 4-5
months of the application process.
Online application with
self-certification.
Immediate approval.
Location in the City Subject to zoning restriction. In
general, it is permitted in
Commercial, Manufacturing, and
High-density Residential districts
only. Zoning also regulates what
types of
Anywhere in the City, if the food
service establishment is licensed by
the NYC Department of Health and
Mental Hygiene.
Location on the
street
Limited to the sidewalk, not allowed
to use the roadway.
Can be set up on both sidewalk and
roadway.
Size In front of the food service
establishment. Not allowed to use the
space of a next-door neighbor.
In front of the food service
establishment and adjacent
businesses if the owner approved.
Fee Application fees, deposits, and
revocable consent fees (acting rent of
the sidewalk).
No fees are required.
Clear path reserved
for pedestrian
8 feet or 50% of the width of the
sidewalk if the sidewalk wider than
16 feet.
8 feet.
Hours of Operation Unenclosed and Small Unenclosed
Sidewalk Cafés may be open:
Sunday: 10 am to midnight
Monday-Thursday: 8 am to midnight
Friday: 8 a.m. to 1 a.m. Saturday
Saturday: 8 a.m. to 1 a.m. Sunday
Enclosed Cafés may be open:
Sunday: 10 a.m. to 4 a.m. Monday
Monday-Saturday: 8 am to 4 am the
following day
Monday-Saturday: 8am-11pm
Sunday: 10am-11pm
Potential
Resistance
Objections during the review process,
when the local Community Board,
City Council, Landmarks
Preservation Commission (if space is
landmarked), Mayor's office, and
Comptroller's office will review the
application. Two public hearings: one
with the Community Board, one with
the Department of Consumer Affairs.
Government agencies' inspections,
311 complaints. Objection voices from
the neighborhood, but lack of a
guaranteed way to reject new outdoor
dining being set up.
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The following maps show the location of New York City’s Restaurants, Sidewalk
Cafes, and Open Restaurants, respectively. The list of locations of restaurants is obtained
through filtering NYC Department of Health and Mental Hygiene’s (2020) Restaurant
Inspection Results. By obtaining the unique value of restaurant location from the dataset,
the location of a total number of 28,956 restaurants was visualized in Figure 17. While the
Restaurant Inspection Results might not be able to cover all the restaurants and hospitality
establishments in New York City, this is the best method available to the research, as no
complete and updated list of restaurants is available from other sources. Figure 18 shows
the location of Sidewalk Cafes in New York City. While some of the Sidewalk Cafes may
temporarily or permanently cease operating, it represents active and approved Sidewalk
Cafes licenses issued by the NYC Department of Consumer Affairs (2021). The location of
Open Restaurants (see Figure 19) was obtained from the NYC Department of
Transportation’s Open Restaurant Applications dataset.
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Figure 17
Distribution of New York City’s Restaurants
Source: NYC Department of Department of Health and Mental Hygiene (2021)
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Figure 18
Distribution of New York City’s Sidewalk Cafes
Source: NYC Department of Consumer Affairs (2021)
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Figure 19
Distribution of New York City’s Approved Open Restaurants
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Chapter 8. Open Restaurants as a questionable initiative
While the Open Restaurants program addresses the dire need for restaurants and
bars to operate and sustain at the minimum level, it creates questions regarding the
affordability and implementation of this policy. In recent news, many issues related to Open
Restaurants make the policy a hot topic. Although we understand there will be no perfect
policy that makes everybody happy, the following issues are discovered and waited to be
addressed.
8.1. Affordability to Build and Operate Outdoor Settings
Cost to Purchase Seating and Dividers
The cost to purchase and build tables, chairs, patios, barriers, tents, and dividers
could cost the restaurants from thousands to tens of thousands, laying other burdens to the
already half-dead business (Jackson-Glidden, 2020; Weaver, 2021).
Changing Regulations and Overlapping Inspection
In late June 2020, the city changed Open Restaurants regulation to add barriers
between seating and roadway with no thinner than 18 inches. As reported by Wells (2020),
the sudden change of policy makes restaurant owners spend more money and lose 24-48
hours of service, which burdened them financially.
Restaurant owners also found themselves exhausted by inspectors from different
agencies. Multiple departments from city and state will visit the Open Restaurant to check
compliance randomly or after receiving a complaint. In a letter from Assemblywoman
Nicole Malliotakis (2020), she expressed such concerns on behalf of the restaurant owners
in New York City to New York City Mayor Bill de Blasio and New York State Governor
Andrew Cuomo, calling for streamlining the review and guidance.
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Cost to Operate during Bad Weather
Awning and heaters are essential to the restaurant that wants to operate during the
winter, while the indoor dining did not resume until September 30, 2020, and got
suspended again on December 14, 2020. However, the cost of purchasing and operating
heaters, especially fuel heaters, adds another burden to Open Restaurants participants
financially. There is also code compliance cost as the propane should store and use following
specific requirements, as the Department of Buildings outlined the different requirements
to use the heater in sidewalk and roadway outdoor dinings.
Figure 20
An Empty Outdoor Eating Area in SoHo During the Snowstorm
Source: Yang (2020)
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8.2. Creating Nuisance or Misunderstanding
While the Open Restaurants program addresses the dire need for resuming
business, it also creates nuisance and conflicts between outdoor dining settings and other
public space users. These issues reflected public space’s preciousness in New York City and
who owns the public space, a classic, hotly debated topic.
Obstructing Sidewalks and Health Concern to Pedestrian and Cyclist
As one of the most important public spaces in New York City, sidewalks are an
invaluable resource for the pedestrian. But recently, we heard the denunciation from
walkers: “they (Open Restaurants) block the sidewalks.”
As the Commissioners' Plan of 1811 laid out the New York City's grid plan and dense
block grid, the width of sidewalks in New York City, especially Manhattan, is considered
pretty narrow compared to other North American cities. It is problematic when many lower
Manhattan streets, which predate even the 1811 plan, are narrower than eight feet, which
naturally excluded them from having Open Restaurants on sidewalks.
However, through the comparison (Figure 21) of Open Restaurant locations,
obtained from the New York City Department of Transportation (2021a), with Sidewalk
Width Map,3
created by Meli Harvey and Chris Whong (2020), we can find some sidewalks
narrower than eight feet have Open Restaurants sidewalk settings, which creates
confusion. While some of these outdoor dinings were operated with Open Streets, another
New York City government’s initiative to bring more public space to pedestrians, which
allows them to ignore the eight feet requirement as discussed in the Mulberry Street case
study.
3https://www.sidewalkwidths.nyc/
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Figure 21
Sidewalk Open Restaurants (Blue dot) on the street with sidewalk width less than eight
feet(Redline), Little Italy, Manhattan, New York City
Source: NYC Department of Transportation (2021a), Harvey & Whong (2020). Basemap:
CARTO Maps through MapTiler QGIS plugin
Besides the impossibility of outdoor dining sitting on narrow sidewalks, both the
Open Restaurants and Sidewalk Cafes required the outdoor sitting to leave eight feet of a
clear path for normal pedestrian flow. In practice, many Open Restaurants operators failed
to do so, blocking the sidewalks and creating difficulties for the pedestrians to pass,
maintaining social distance.
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As Figure 22 shows, the narrowed egress left by the tents is impassable for
able-bodied people, not to mention the people with disabilities who need a clearance with
enough width to pass.
Figure 22
A Restaurant's Tent Obstructed the Sidewalk (December 2020)
Source: McKnight (2020)
Another place among the conflict between Open Restaurants and other street users
is some of the outdoor dining settings on the roadways that blocked or obstructed the
normal use of bike lanes on the streets. While the vehicular traffic and ridership of public
transportation both fell dramatically during the pandemic, bike riding in New York City
became a popular choice of transportation. As Figure 23 shows, Citi Bike ridership
renounced faster than another mode of transportation under the hit of COVID-19.
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Figure 23
Change in usage by transportation mode, New York City
Source: Regional Planning Association (2020)
Figure 24
Photograph showing an Outdoor Dining Streetery in East 29th Street
Source: @bicycult (2021), through Curbed
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Lack of Community Review
Unlike the Sidewalk Cafes program, which requires two public hearings and
community board approval during the application, the Open Restaurants' outdoor setting
bypasses the community reviewing process. In the pre-COVID time, the community board
had the power and liability for denying the license renewal for non-complaining Sidewalk
Cafes, usually because of the after-hours noise and exceeded capacity chairs and desks.
Unequitable Regulation between Open Restaurants and Informal Food Vendors
The Open Restaurants program, in the meantime, only provided access for
restaurants licensed by the NYC Department of Health and Mental Hygiene and with
ground floor frontage access to occupying public spaces, and restaurants not located on the
ground floor were rejected from the City's initiative. While the Open Restaurants granted a
particular group free access to profit using public space, informal street vendors are still
governed by pre-COVID era policies, categorized as an illegal business, and subject to
ambiguous government enforcement. Street vending in New York is highly regulated as the
desire for vendor licenses outnumbered the city's limit to licenses dramatically. Also, food
vending is prohibited from more than one hundred streets in Manhattan alone, making the
disparity of location and access compared to the Open Restaurants' citywide
implementation (Urban Justice Center, 2017). While New York City Council passed the bill
to create 4,000 new street food vendor licenses, which is more than double the existing
3,000 licenses (Robbins, 2021), the location restriction upon street food vendors were
disparate compared to the Open Restaurants operators.
8.3. Open Restaurants as the Faux Revival of Public Life
David Harvey's idea of the Right to the City originated from Lefebvre's (1996)
literature on the City, in which city public spaces are commodified, with the creation of
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spatial inequalities. Harvey (2008) argued that private property rights and the profit rate
trump all other notions of rights in the current society. Bou Akar illustrated the
profit-driven process of private developers and homeowners incrementally increasing the
dimension of new developments in Beirut, Lebanon, which encroached public spaces and
obstructed city views. The informality and emergency nature of Open Restaurants could
also be discussed under Devlin’s (2011) informal framework, as only the ground floor food
business was allowed to profit from accessing public own sidewalks and roadways, while
restaurants on other levels and informal food vendors still being rejected to this privilege.
The emergence of Open Restaurants can be regarded as the state of exception, but we
cannot assume the Open Restaurants as the revival of public life on the streets. Incentive
by revenue and maintaining business, Open Restaurants put dining in outdoor spaces.
These activities, although brought more diversity to the street, are not necessarily
promoting public life. Gumpert and Drucker (1993) argued that sidewalk cafés in New York
City were mentally acted as maps of the area, promoting social intercourse that defines
community and neighborhood. Compared to Sidewalk Cafes, the Open Restaurants’
temporal occupation of public sidewalks and streets can be the better conclusion as
commodifying the public space, without any revocable consent or remediation. Once open to
all, access to street space, no matter their economic status or physical status, now falls
under the criterion of business owners, becoming more exclusionary.
Chapter 9. Open Restaurants in the post-COVID New York City
The Open Restaurants program was made permanent by the city government, and
Mayor Bill de Blasio announced on September 25, 2020, as part of the City's Recovery
Agenda (Office of the Mayor, 2020). Simultaneously, indoor dining in New York City has to
be through a contested resume-shutdown-resume period in the winter of 2020/21 in
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synchronization with the fluctuating COVID-19 infection rate. Like other parts of the
United States, New York City is looking forward to the full capacity resume of indoor dining
and return to normal soon with the control of pandemics and delivery of the vaccine (Wise,
2021). What about the future of Open Restaurants? The following are recommendations to
the Open Restaurants program and the operation of outdoor dining in New York City in the
future.
9.1. City Government to review the Open Restaurants program
The New York City government should consider canceling the Open Restaurants program,
but this doesn't imply the city does not need more outdoor dining settings and outdoor
space. Instead, a current program like Open Streets: Restaurants could be expanding, and
the permanent conversion of the roadway to pedestrian space may also contribute to the
better quality of life of New York citizens, especially people with disabilities currently feel
uncomfortable accessing sidewalk because the obstructions created by Open Restaurants
participating establishments (Bloch, 2020).
9.2. Department of Consumer Affairs to collect Revocable Consent and overview
Open Restaurants program
As our society gradually returns to normal and steady indoor dining, the
compositional aspect to Open Restaurants would benefit restaurant owners, as no revocable
consent. Simply put, restaurant owners who have Sidewalk Cafes need to pay rent to the
city, why not the Open Restaurants? The New York City government should consider
collecting revocable consent from the Open Restaurants operators as remediation to
appropriating public space.
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The Department of Consumer Affairs should also be the lead responsible
government agency to accept, review, approve, and inspect Open Restaurants operations,
like regulating Sidewalk Cafes.
9.3. Community Board step in to Review Open Restaurants applications
Community Board review of outdoor dining applications should be performed
following the reference of Sidewalk Cafes application process. With the community's
supervision and representation, the Community Board can stop the outdoor dining from
creating nuisance to the neighborhood, and the danger of encroachment and commodifying
public streets can be better prevented or sanctioned.
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References
Adams, E. & Warerkar, T. (2020). City Council Introduces Outdoor Dining Bill Following
Complaints of Mayor’s Sloth Pace. Eater New York.
https://ny.eater.com/2020/5/28/21273232/nyc-outdoor-dining-legislation-city-council
Agamben, G. (2020). The state of exception provoked by an unmotivated emergency
(Trans.). PositionsPolitics: Praxis.
http://positionswebsite.org/giorgio-agamben-the-state-of-exception-provoked-by-an-u
nmotivated-emergency/
Agamben, G. (2020). Giorgio Agamben: on health scare and the religion of science (Kotsko,
A, Trans). Inscriptions, 3(2).
Anderson, L. (2020). Land grab! Residents, C.B. 2 members slam plan for ‘permanent’
outdoor seating.
https://thevillagesun.com/land-grab-residents-c-b-2-members-slam-plan-for-permane
nt-outdoor-seating
Angotti, T. (2003). The Sidewalks of New York. Gotham Gazette.
https://www.gothamgazette.com/development/2250-the-sidewalks-of-new-york
Angotti, T. (2011). New York for sale: Community planning confronts global real estate. Mit
Press. Page 62.
A Pedestrian Mall Along Mulberry St. Is Opening Today. (November 30, 1974). New York
Times. page 33.
https://www.nytimes.com/1974/11/30/archives/a-pedestrian-mall-a-long-mulberry-st-i
s-opening-today.html
A postcard showing the St. Denis Hotel at Broadway and 11th Street, New York City, circa
1908. (circa 1908).
https://www.nybooks.com/daily/2018/03/07/the-death-and-life-of-a-great-american-bu
ilding/
Berg, B. F. (2007). New York City Politics: Governing Gotham. Rutgers University Press.
@bicycult. (2021). Photograph showing an Outdoor Dining Streetery in East 29th Street. In
This Streetery Is Going to Clobber Bicyclists.
https://www.curbed.com/2021/01/nyc-streetery-scarpetta-bike-lane.html
Bloch, S. (2020). People with disabilities fear that permanent outdoor dining will make
inaccessible cities even worse. The Counter.
https://thecounter.org/people-with-disabilities-fear-that-permanent-outdoor-dining-w
ill-make-inaccessible-cities-even-worse/
Bou Akar, H. (2018). "A Ballooning Frontier." In For the War Yet to Come: Planning Beirut's
Frontiers. Stanford: Stanford University Press.
48
![Page 59: Outdoor Dining during COVID? Analyzing the Impact of New ...](https://reader033.fdocuments.us/reader033/viewer/2022051412/627dd106ab4ac2744759dba0/html5/thumbnails/59.jpg)
Cardwell, D. (2002). City Council Is Urged to Act Quickly on Proposed New Regulations for
Sidewalk Cafe Permits. New York Times.
https://www.nytimes.com/2002/12/13/nyregion/city-council-urged-act-quickly-propose
d-new-regulations-for-sidewalk-cafe.html
Cuomo, A. [NYGovCuomo]. (2020, March 16). #BREAKING: NY, CT and NJ are taking joint
regional action to reduce the spread of #COVID19: Effective 8PM TONIGHT: -Crowd
capacity reduced to 50 -Restaurants/bars will be takeout/delivery ONLY -Gyms
closed -Movie theaters closed -Casinos closed [Tweet]. Retrieved from
https://twitter.com/NYGovCuomo/status/1239558725528178689
Cuomo, A. (2020). No. 202.52: Continuing Temporary Suspension and Modification of Laws
Relating to the Disaster Emergency.
https://www.governor.ny.gov/news/no-20252-continuing-temporary-suspension-and-m
odification-laws-relating-disaster-emergency
Devlin, R. T. (2011). 'An area that governs itself': Informality, uncertainty and the
management of street vending in New York City. Planning Theory, 10(1), 53-65.
Dube, K., Nhamo, G., & Chikodzi, D. (2020). COVID-19 cripples global restaurant and
hospitality industry. Current Issues in Tourism, 1-4.
Feltmans, Coney Island [Card]. (1930). Retrieved from
https://ark.digitalcommonwealth.org/ark:/50959/br86b387q
Fortney, L. (Dec 4, 2020). A Running List of NYC Restaurants That Have Permanently
Closed, December 2020. Eater New York. https://ny.eater.com/2020/12/4/21687875
Foucault, M. (1995 [1977]). Panopticism. In Discipline and Punish. The Birth of the Prison
(A. Sheridan, Trans). New York: Vintage.
Foucault, M. (1978). About the concept of the “dangerous individual” in 19th-century legal
psychiatry (A. Baudot & J. Couchman, Trans.). International journal of law and
psychiatry, 1(1), 1-18.
Foucault, M. (1984). The Foucault reader (P. Rabinow, Ed.). New York: Pantheon Books:
276-277
Gumpert, G., & Drucker, S. J. (1993). Media Development and Public Space: The
Legislating of Social Interaction. Between Communication and Information, 4, 435.
Harvey, D. (2003). Paris, capital of modernity. Psychology Press. Page 207-215.
Harvey, D. (2008). The right to the City. The City Reader, 6(1), 23-40.
Harvey, M. & Whong, C. (2020). Sidewalk Widths NYC [GitHub repository].
https://github.com/meliharvey/sidewalkwidths-nyc
High Life in the Circle. (September 17, 1899). The Sidewalk Café in Columbia Circle
[photo]. New-York Tribune. Page 22.
https://www.loc.gov/resource/sn83030214/1899-09-17/ed-1/?sp=22
49
![Page 60: Outdoor Dining during COVID? Analyzing the Impact of New ...](https://reader033.fdocuments.us/reader033/viewer/2022051412/627dd106ab4ac2744759dba0/html5/thumbnails/60.jpg)
Ingersoll, E. (1891). A week in New York. Rand, Mc Nally & Company. Retrieved from the
Library of Congress, https://lccn.loc.gov/01014685
Jackson-Glidden, B. (2020). Restaurant Owners Spent Thousands to Upgrade Their Patios.
Now They’re Looking at Empty Tables. Eater Portland, OR.
https://pdx.eater.com/2020/11/13/21564531/outdoor-patios-closed-dine-in-covid-coron
avirus-cost
Kaiser, C. (1977, December 29). New York City Sidewalk Cafes May Ignore 9 Agencies at
Once. New York Times.
https://www.nytimes.com/1977/12/29/archives/new-york-city-sidewalk-cafes-may-igno
re-9-agencies-at-once.html
McKnight, D. W. (2020). From NYC steakhouse seared over outdoor dining setup. New York
Post.
https://nypost.com/2020/12/07/nyc-steakhouse-seared-over-outdoor-dining-set-up/
Moran, K. (2020). Mulberry Street with in-street dining. in Outdoor Dining Offers Fresh Air
and Fantasy to a City That Needs Both
https://www.nytimes.com/2020/07/09/dining/outdoor-dining-design-nyc-coronavirus.h
tml
Lee, A. (2019). The History of the Picnic.
https://www.historytoday.com/archive/historians-cookbook/history-picnic
Lefebvre, H. (1996). The right to the City. Writings on cities, 63181.
Lund, K. (2012). Mulberry and Hester Street, Little Italy, Manhattan, New York.
https://flic.kr/p/c2xras (CC BY-SA 2.0)
Malliotakis, M. (2020). Letter to Mayor de Blasio RE Outdoor Dining Regulations in NYC.
https://newyork.cbslocal.com/wp-content/uploads/sites/14578484/2020/07/Letter-to-M
ayor-de-Blasio-RE_-Outdoor-Dining-Regulations-in-NYC-2.pdf
Morphocode. (n.d.) NYC Sidewalk Cafés. https://morphocode.com/nyc-sidewalk-cafes/
Nelson, P. (2009). Mulberry Street with pedestrian mall operating. https://flic.kr/p/7i69pj
(CC BY-NC-ND 2.0)
New York Bars Sidewalk Cafes: Obstructing Traffic, Says Public Works Boss. (1933, Sep
06). Daily Boston Globe (1928-1960) Retrieved from
http://ezproxy.cul.columbia.edu/login?url=https://www-proquest-com.ezproxy.cul.colu
mbia.edu/historical-newspapers/new-york-bars-sidewalk-cafes/docview/757515183/se
-2?accountid=10226
NYC Department of Buildings. (2020). Buildings Bulletin 2020-019 – Operational.
https://www1.nyc.gov/assets/buildings/bldgs_bulletins/bb_2020-019.pdf
50
![Page 61: Outdoor Dining during COVID? Analyzing the Impact of New ...](https://reader033.fdocuments.us/reader033/viewer/2022051412/627dd106ab4ac2744759dba0/html5/thumbnails/61.jpg)
NYC Department of Consumer Affairs. (2021). Sidewalk Café Licenses and Applications
[dataset].
https://data.cityofnewyork.us/Business/Sidewalk-Caf-Licenses-and-Applications/qcdj
-rwhu
NYC Department of Health and Mental Hygiene. (2021). DOHMH New York City
Restaurant Inspection Results [dataset].
https://data.cityofnewyork.us/Health/DOHMH-New-York-City-Restaurant-Inspection
-Results/43nn-pn8j
NYC Department of Planning. (2004). Small Sidewalk Cafes Proposal - Approved!.
https://www1.nyc.gov/assets/planning/download/pdf/plans/small-sidewalk-cafes/side
walkcafe.pdf
NYC Department of Planning. (2021). New York City Community Districts
[shapefile].https://data.cityofnewyork.us/City-Government/Community-Districts/yfn
k-k7r4
NYC Department of Planning. (2021). Sidewalk Café Regulations GIS: Shapefile.
https://data.cityofnewyork.us/City-Government/Sidewalk-Caf-Regulations-GIS-Shap
efile/qsuf-mgjh
NYC Department of Transportation. (2020). Open Restaurants [website].
https://www1.nyc.gov/html/dot/html/pedestrians/openrestaurants.shtml
NYC Department of Transportation. (2021). Open Restaurant Applications [dataset].
https://data.cityofnewyork.us/Transportation/Open-Restaurant-Applications/pitm-at
qc
NYC Department of Transportation. (2021). NYC Open Restaurants [map and dashboard].
https://experience.arcgis.com/experience/ba953db7d541423a8e67ae1cf52bc698
NYC Department of Transportation. (n.d.). Pedestrian: Street Seats.
https://www1.nyc.gov/html/dot/html/pedestrians/streetseats.shtml
NYC Hospitality Alliance. (2020). Updated 9 Point Mitigation and Support Plan.
https://thenycalliance.org/informatiaon/updated-9-point-mitigation-and-support-plan
New York State Department of Labor. (2021). Current Employment Statistics Survey Data
for New York City[table]. https://statistics.labor.ny.gov/cesemp.asp
Office of the Mayor. (2020). Recovery Agenda: Mayor de Blasio Extends Outdoor Dining
Season Year-Round.
https://www1.nyc.gov/office-of-the-mayor/news/680-20/recovery-agenda-mayor-de-bla
sio-extends-outdoor-dining-season-year-round
Office of the New York State Comptroller. (2020). The Restaurant Industry in New York
City: Tracking the Recovery [report].
https://www.osc.state.ny.us/files/reports/osdc/pdf/nyc-restaurant-industry-final.pdf
51
![Page 62: Outdoor Dining during COVID? Analyzing the Impact of New ...](https://reader033.fdocuments.us/reader033/viewer/2022051412/627dd106ab4ac2744759dba0/html5/thumbnails/62.jpg)
Okamoto, K. (2016). What is being done with open government data? An exploratory
analysis of public uses of New York City open data. Webology, 13(1).
Pucher, J., & Lefevre, C. (1996). The urban transport crisis in Europe and North America.
Springer.
Regional Planning Association. (2020). Can the Transportation System Handle New York’s
Return to Work?
https://rpa.org/latest/lab/transportation-system-new-york-returns-to-work
Robbins, C. (2021). NYC Street Food Vendors Eagerly Anticipate City Expansion Of
Permits.
https://gothamist.com/food/nyc-street-food-vendors-eagerly-anticipate-city-expansion
-permits
Rules of the City of New York, Subchapter F of Chapter 2 of Title 6 (Current through rules
effective March 18, 2021).
Sennett, R. (1992). The fall of public man. WW Norton & Company. Page 12-23.
Shipler, D. (1968, Jun 17). Sidewalk Cafes Bloom Here Despite Soot and Noise. New York
Times. Page 41. https://nyti.ms/3scedMl
Sidewalk Cafe Found Legal in Forest Hills. (1926, June 11). New York Times. Page 23.
https://nyti.ms/3sEOnjQ
Sidewalk Cafe to Open In Harlem Tomorrow. (1967, August 10). New York Times. Page 19.
https://nyti.ms/3bbOXzy
Stanton, J. (1997). Coney Island — Food & Dining.
https://www.westland.net/coneyisland/articles/food.htm
Sucato, S. (2020). What COVID-19 Phase 4 Reopening Means for the Hudson Valley.
Hudson Valley.
https://hvmag.com/coronavirus-covid-19-hudson-valley/phase-reopening-economy-bu
sinesses/
Sullivan, D., A. & Teitelman, M. (2015). Coney Island History: How ‘West Brighton’ became
‘Coney Island’.
https://www.heartofconeyisland.com/west-brighton-coney-island-history.html
Sutton, R. & Warerkar, T. (2020, September 9). Indoor Dining Will Return to NYC on
September 30. Eater New York.
https://ny.eater.com/2020/9/9/21429243/indoor-dining-cuomo-returns-nyc-restaurants
Thompson, C. N., Baumgartner, J., Pichardo, C., Toro, B., Li, L., Arciuolo, R., ... & Fine, A.
(2020). COVID-19 Outbreak—New York City, February 29–June 1, 2020. Morbidity
and Mortality Weekly Report, 69(46), 1725.
Truchan, M. (1958, March 30). Sidewalk Café. New York Times. Page 236.
https://nyti.ms/3edUlnA
52
![Page 63: Outdoor Dining during COVID? Analyzing the Impact of New ...](https://reader033.fdocuments.us/reader033/viewer/2022051412/627dd106ab4ac2744759dba0/html5/thumbnails/63.jpg)
Urban Justice Center. (2017). Street Vending Regulations in NYC - an Overview.
https://www.wiego.org/resources/street-vending-regulations-new-york-city-overview
Weaver, S. (2021). A case for permanent outdoor dining in NYC. TimeOut.
https://www.timeout.com/newyork/news/a-case-for-permanent-outdoor-dining-in-nyc-
031121
Wells, P. (2020). As Dining Takes to the Streets, New York Restaurants Hit a Speed Bump.
The New York Times.
https://www.nytimes.com/2020/07/02/dining/restaurants-nyc-dot-outdoor-dining.html
Whitaker, J. (2010). Restaurant-ing al fresco.
https://restaurant-ingthroughhistory.com/2010/07/12/restaurant-ing-al-fresco/
Wise, A. (2021). Biden Says U.S. Will Have Vaccine Supply For All Adults By May,
Prioritizes Teachers. NPR WNYC.
https://www.npr.org/sections/coronavirus-live-updates/2021/03/02/973030394/biden-s
ays-u-s-will-have-vaccine-supply-for-all-adults-by-may-prioritizes-teache
“Xia Qi indulges in debauchery, eating and drinking ferociously in the wild[启乃淫溢康乐,野于饮食]” from 墨翟[Mo, Di]. (Circa 5th — 2nd century BCE).非乐[Stop Music]. In
墨子[Mozi]. Retrieved from https://ctext.org/mozi/condemnation-of-music-i/zhs#n777
Yang, S. (2020). An empty outdoor eating area in SoHo during the snowstorm.
https://nypost.com/2020/12/17/outdoor-dining-to-fully-resume-in-manhattan-tonight/
53