Wednesday, May 12, 2021

Opinion: The overlooked stakeholders and potential bias in the Open Restaurants program

Today, the Department of City Planning and the Department of Transporation are inviting "key stakeholders" to a virtual presentation on bringing a permanent Open Restaurants program to life.

According to the invite, this is the "key first element of ... an amendment to the Zoning Resolution that will begin a public review in June."

A longtime East Village small business owner, who is not in the food-beverage industry and feels as if other retail establishments have been overlooked in the city's plans, shared some thoughts about the potential impact this might have on a neighborhood and its residents ... consider this a mini op-ed (opposing viewpoints are welcome) ... 

The biggest stakeholders are actually the residents who live above or beside these sheds and must put up with them so that landlords, restaurants and bars can increase their profit margin at the expense of residents' ability to live peaceably in their homes. 

These real stakeholders have been left out of the process at every turn. It creates another tale of two cities whereby those able to move and/or insulate themselves in their high rises or in areas where the COVID sheds don't exist are quite happy with the program while those who do not have that privilege must bear its burden. 

And the same goes for small business and retail diversity; why would a landlord rent to a retail shop when they can rent to a cafe or bar or restaurant that will have the ability to annex additional square footage in the street? More space equals higher rents equals a bias toward renting to businesses in the hospitality industry versus retail shops.

The Open Restaurants initiative came about in June 2020 to allow the hard-hit restaurant industry to open safely with outside seating while indoor dining was prohibited. It became a major lifeline for the restaurant industry during the pandemic.

Meanwhile, in late April, City Council voted (39-8) to make the Open Streets program permanent

36 comments:

  1. I think there is a reasonable discussion to be had about giving access to retailers if they need/want it as well, but there are a lot of serious strawmans in this letter. Landlords only "increase profit margins" if they are only able to raise rents on the back of this change, which has definitively not been the case. Bars and restaurants need to increase their profit margins to survive in such a high cost city as NYC, not to mention the huge issues associated with COVID closures. Further, where is there any evidence of renting via away from retail? As we all know there are tons of vacancies and again no evidence this is happening.

    This all reads like an individual who doesn't like noise and wants to hurt both a significant portion of the small business economy and consumers. Yes, some rent controlled apartments have a hard time moving but many people have made the conscious choice to move into a street facing low level apartment.

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    1. So anyone who owns their home or has lived in their HOME for many years should just pickup and move, if they can even find a street without these thrown together sheds?The restaurants were here long before the pandemic. After this is over, the streets need to return to NORMAL! The residents are what makes a neighborhood

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  2. @ 7:02 - maybe people don't want to walk through multiple crowded, loud bars to get into their home

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  3. The Open Restaurants program has been a one sided decision with virtually no input from residents who live above or across the street from bars and restaurants and must endure the constant din as well as shouting and yelling throughout the night. I live on Avenue A and have 4 bars and 3 restaurants within a block and the noise rolls up and down the block in waves. Myself and others have had zero input into making the program permanent. Open Restaurants was good as a temporary idea to help the businesses survive, but in making it permanent affected residents feel trapped and that our quality of life has been sacrificed. One size does not fit all and we deserve a voice in the process.

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  4. I live right next to a restaurant on Avenue A with outdoor dining on A and the side street. I was supportive at first but then they started playing music in the outdoor spaces. It is torturous. It goes on from lunch until closing. There are dozens of neighbors impacted. We are trying to work at home, sleep, have some semblance of a normal life but the music makes it impossible. I have never had such dark circles under my eyes. I wanted outdoor dining so local restaurants would survive but I didn't know they were going to be allowed to play music outside. It isn't just my corner. There are restaurants up and down Avenue A doing this and on B too. Why does the city only care about one industry? What about the rest of us? We need to work and live too. I have lived here more than two decades. But my needs don't matter. Me and my neighbors have called 311 dozens of times and written to Carlina Rivera. But there is no penalty for the music.

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  5. The mini op-ed is spot on. The only business being catered to are alcohol establishments because they lobby and donate to politicians. Of course rents will go up. If a bar can have full indoor and outdoor dining they can double their income. Some of the outdoor spaces are larger than the indoor space. Once things get back to normal these places need to go away. It's not as bad in other areas of the city. Yes, they do have outdoor places elsewhere but because we have so many bars we have much more. The city has done nothing to try & keep needed retail business that are non-bar related.

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  6. Wall Street wins again. What was public common is now reserved for their Commercial Leasees. Not only that these were revenue generating for the public good, but there is none of that now. In fact consider the constant plague of drunks this policy supports.

    By law Manufacturing is banned under 14th St, but these restaurants are really factories - residents have to endure their shipping departments underfoot all day.

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  7. I live above a bar with blaring amplified live music all night every night and soon to be until 4am. Owner has said f you to all complaints and has threatened neighbors. 311 does nothing. The City of New York has destroyed our quality of life and is now letting bar-owning thugs run the neighborhood. What am I paying taxes for?

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  8. Livable cities. It is a concept that has lost ground in this current era of rabid capitalism. Sad because it is how we will save the planet not by sprawl and spread. Which by the way, is where i believe a majority of the late night rowdy screaming crowds come from. The land of sprawl and spread. They cut their wings on their partying behaviors out in the suburbs, coming out of strip malls and screaming in the parking lots. Then when they come here they do not realize but they are behaving like suburban idiots when they come to our residential neighborhoods in our livable city. Look around, we’ve built community, we’ve supported small enterprises and infrastructure that supports our vision of community. Bar culture needs to cultivate some decency.

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  9. This would be the final nail in the coffin to maintaining any quality of life. Filthy streets, more noise pollution, a relentless visual exposure to graffiti covered shacks, more places for the homeless to take a leak, impassable sidewalks, the list goes in and on.

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  10. There's a boogeyman around every corner with the comments on this blog.

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    Replies
    1. Sound to us like these are just regular New Yorkers, happy to support the restaurant/bar industry during the recent crisis, but hoping that TurntUp!NYC was going to be over soon. And upon realizing that it's never going to be over - protesting. As we do.

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    2. I live on Carmine Street. There are 9 restaurants on our narrow street. Their sheds have taken over the sidewalks and streets. On the northern corner of Bedfod and Carmine you cannot cross the street, as there is no access to the sidewalk whatsoever. You are forced to walk half of the block on the road. The Shacks are long, and there are multiple shacks for each restaurant. One is forced to walk under their sheds, and among not only seated diners , but among people standing and waiting for dining tables on the sidewalks- usually 20 to 30 people waiting- especially at restaurant/bars using Groupon to get more customers. The noise is awful, the garbage horrible, and god forbid you live in the street and are older, or have a baby stroller, or simply wish/need to walk on your street? Once the pandemic is over (or winding down) GET RID OF THE SHACKS! Residents and all businesses need our streets back!

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  11. Open Streets should never have become permanent. On our street, we never had outdoor dining before covid, now people are sitting outside loud and drunk.

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  12. What started as a good idea to assist local establishments during a crisis has become an abomination and plight upon our neighborhood the noise, oh man so so loud the blaring blasting some of these spots put out is straight up terrorizing and put out the vibe that this sort of thing is ok to do in the EV so the house parties crank it up from terraces and roofs creating unlivable conditions for many people
    The congestion and land grab that happened during pandemic has to be rolled back or regulated with no amplified sounds allowed and mandatory sound noise baffling this is outta hand now
    like other comments have said what happened to the quality of life for residence of the LES tenants of these buildings many of whom rented or bought because the EV was an active yet mostly quiet area that somehow made it work time to end the sonic assault on our harmonious coexistence and put some enforceable regulations in place
    Also once 100% capacity is allowed most of these sheds need to just go away why should we be made to sacrifice our homes in some cases of decades to a bunch of businesses who clearly do not give a shit about us or our need to sleep or rest

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  13. As a professional Chef, at first I welcomed the idea of “open streets” as a way for restaurants to survive the pandemic. But it’s gotten out of hand!! There's a place on 12th and A that literally tripled their seating capacity! Meanwhile a place a few doors down on 12th has the bike lane on their side!! The same for places by a bus stop or a fire hydrant!! Personally I think the sheds need to go!!

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  14. congratulations once again - to our tone deaf mayor for creating an even more annoying ALCOHOLIC THEME PARK. ----------m

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  15. NYC's emergency restaurant measures should end when the emergency is over!
    SIGN THE PETITION TO END OPEN RESTAURANTS WHEN THERE"S AN END TO THE COVID CRISIS
    https://www.change.org/p/mayor-bill-de-blasio-nyc-s-covid-emergency-restaurant-measures-should-end-when-the-covid-emergency-ends-no-permanent-dining-sheds?utm_source=share_petition&utm_medium=custom_url&recruited_by_id=55d48470-abc5-11eb-a1ac-fff110140203

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  16. NYC's emergency restaurant measures should end when the emergency is over!
    SIGN A PETITION TO CLOSE THE COVID SHEDS WHEN COVID IS OVER!
    https://www.change.org/p/mayor-bill-de-blasio-nyc-s-covid-emergency-restaurant-measures-should-end-when-the-covid-emergency-ends-no-permanent-dining-sheds?utm_source=share_petition&utm_medium=custom_url&recruited_by_id=55d48470-abc5-11eb-a1ac-fff110140203

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  17. I can’t believe Open Restaurants was pushed through with no consideration as to how it would impact the people living around these places. I am sitting in the back room of my apartment typing this and I can hear the loud talking and music from the restaurant in front of my building. There is no escape. The restaurant lobby is obviously powerful. They were able to push this through with no input from the community. What can we do about this?

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  18. The outdoor spaces are great, they just need to shut down earlier than indoors like backyard spaces do, like 11.

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  19. I Apt is on Carmine St. It's a tiny 2 way street and the outdoor restaurants have completely taken over my quiet, peaceful block. They have built illegal roofs that are blocking my fire escape. I walk out of my front door and there are people 2 feet away dining. It's invasive, it's constant noise, drunken patrons, no parking and overwhelming. These sheds are ugly, dangerous and an infringement on resident's rights. I pay a lot of rent and can't afford to move. I didn't move here to be overtaken by Restaurant owners who don't care about how their restaurants impede on their neighbors. The sidewalks are not friendly for wheelchairs or older people because of the tables from these establishments. These sheds should not be permanent!

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  20. @E.5th St. Block Assoc. Thanks for the petition but yowch that's a long URL.

    Here's the petition link:
    https://bit.ly/2Qe9Rqd

    There. That's better.

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  21. I hate the shacks. That is PUBLIC space. Vehicles should be able to go in and out, and the road should be clear, and it makes it annoying to pass on the sidewalk especially if you're walking a dog.

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  22. What amazes me about open restaurants is how when the city was considering mini-parks on streets, or bike racks, the city said "oh no, we can't even one or two parking spaces because of neighborhood opposition to loosing spaces!". But when they want to serve real estate or restaurant/bar industry needs, they are perfectly happy to strip even whole block after block of free car storage. I'm fine with losing the parking spots--but can we do it for our neighborhood, not-for-profit uses, maybe just a few puleeze?

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  23. Sick of this shit, the noise and the blocking of sidewalk access

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  24. Ave B has had a rat population explosion which is spilling into nearby community gardens where burrow holes are dotted everywhere. Instead of the thrice weekly supply of food from restaurant garbage bags, Ave B is now 7 day per week buffet for this sermon.

    No other businesses have been offered "free" public space to expand into besides alcohol serving ones. The sale of alcohol brings in a steady tax supply to the city and state while turning our quiet residential streets in Mardi Gras year round. They win we all lose.

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  25. It's nice to hear other people in the neighborhood feel the same way about this problem. I thought it was great to help restaurants by letting them open outdoor spaces during the pandemic but it is out of control. As things get back to normal these outdoor expansions need to go. The noise is intolerable (I'm looking at you Niagra....) The lines, and crowds of drunk idiots are ridiculous.
    Some great points have been made here:

    If your space is in front of a bus stop or citibike rack you're screwed. Some places have a sea of tables while others get nothing.

    There is no enforcement of noise whatsoever.

    Sidewalks are impassable in spots (Miss Lily's, Yuca Bar etc...)

    Parking is a nightmare. Regardless of how you feel about cars, parking etc. it is unfair to suddenly make parking in one neighborhood impossible.

    Garbage from these spaces is horrible, wait until July when it gets really ripe.

    Some neighborhoods have turned into permanent Marti Gras while others remain peaceful. This program has no regard for the people who live in these neighborhoods and something needs to be done.

    Here is the shorter version of that Change.org petition:

    https://bit.ly/2Qe9Rqd

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  26. This summer will give us a better idea of what's to come for this neighborhood and I fear it's not good. Last summer, things were in turmoil, many businesses were closed, and most people stayed away. The outdoor space for the restaurants and bars was a welcome life-saver. Now, however, there's been time to re-open, plan ahead, and now people are eager to get out and socialize. I'm imagining all the horrors of the drunken EV scene from the pre-pandemic days being so much worse this time around because all the activity is now outside 24/7.

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  27. The outdoor seating setups are great. The city just needs to control them better, make sure they’re not blocking the sidewalk, or unduly noisy, etc. If you want sedate, there’s always the burbs.

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  28. Re:10:27
    My block never had outdoor dining or "drunks" outside, now come summer I'm going to have to hear them till 3-4 in the morning. Hell No! The restaurant has sound proofing and that's where the drunks belong.

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  29. I am in shock when I walk up Avenue A on my way home and hear music blasting from Niagara, Horus, Au Za'atar and El Camion on the east side corners. Then there are the establishments on the west side corners. The disrespect for their neighbors is outrageous. But as someone noted above, there is no punishment. They do not have the right to have speakers blasting music outside. But no one from the city is controlling the noise. We regularly report the restaurant outside our building to 311. Sometimes the police respond and tell them to turn the music down. They turn it down for a little while, then they turn it up again. They should have to turn it off and remove the speakers. It is bad enough with all the loud talking and drunk people screeching. We don't need the music. It makes me so mad to think I spent money on takeout at some of these places during the height of the pandemic to support them, but they don't care about me and the rest of their neighbors at all.

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  30. Here’s the petition to stop them from
    Being permanent: https://bit.ly/2Qe9Rqd
    Wish I had heard about this meeting earlier. Carlina Rivera doesn’t care again about neighborhood involvement or needs. Votes like all the other council members to make open streets permanent without any discussions with her neighborhoods.
    So how do we stay on top of things in the city since we can’t count on her? There are so many depts noted in that flyer. How do you get notified ahead of time by those depts?

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  31. My friends who wait tables at one of the establishments on Avenue A are already exhausted because the restaurant has more capacity now than it did before but not more staff. On top of it all, they are being worked like crazy and don't even have health insurance. Did anyone from the city not think about this? New York magazine has a new story about all of this.

    One cook, who asked to remain anonymous, says that at full capacity with outdoor dining, the restaurant he works at can seat 45 to 60 more people a night than they did before the pandemic — and that they have roughly a third of the kitchen staff to handle the increase. “We’re just not ready for it,” he says. Though the entire staff is vaccinated and he feels “pretty safe” at work, the volume of business is crushing. “It may be a little premature to loosen all restrictions. I honestly thought this wouldn’t happen until October or November. But that’s not a decision we can make. We can only try to adapt.”

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  32. It is also incredibly dangerous in blocking access for ambulances, fire trucks etc.

    And on the Upper West Side, blocks on Amsterdam Avenue have been closed on weekends for months which means the rerouting of 2 bus routes!
    Really a problem for elderly, disabled (many POC) who use the bus.
    Also there is a hospital - St. Luke’s/Mt. Sinai - and several nursing homes on Amsterdam but ambulances now not able to use Amsterdam when closed for outside dining.
    Incredible that bus transportation is sacrificed for outdoor dining!

    Unbelievable that City Council voted on this major change - without anyone knowing this was happening.


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