The Death and Life of New York Outdoor Dining
On November 30, one of the COVID-19 pandemic’s few positive influences on New York City came to an end. Earlier this year, the City Council voted to end the city’s four-year experiment in laissez faire outdoor dining, replacing it with a labyrinth of regulations and fees. Over the past month, thousands of sidewalk dining setups—symbols of entrepreneurial creativity that enlivened city streets—have come down.
Like most great things about the city, the recent outdoor dining renaissance was unplanned. When the pandemic confined New Yorkers indoors, restaurateurs survived by taking business outdoors. Under an emergency program, the city allowed eateries to build makeshift structures on sidewalks and in parking spaces, creating lifelines for businesses and socially distanced spaces for diners.Â
In some cases, outdoor dining consisted of picnic tables under an awning—a typical scene in cities like Paris or Madrid, though novel in New York. More often, on-street parking spaces became an extension of the restaurant. Plywood sheds turned into elaborate structures, replete with air conditioners, heaters, and other amenities to provide year-round comfort. Diners enjoyed meals in everything from beaux arts birdcages to trolley cars.
It was a period of folk architectural experimentation unmatched in the city’s history. Some structures were admittedly unsightly, but they were embraced nonetheless for their New York scrappiness.Â
Initially, regulators planned to end the program by Labor Day in 2020. Residents balked, and the program was kept in place. Observers thought the program would probably lead to permanent change.Â
But never underestimate the city’s zeal to regulate. In 2021, peeved neighbors sued to end the program, citing the lack of a proper environmental review and violations of zoning laws that strictly separate commercial and residential uses. A small cadre of NIMBYs (“not in my backyard”), concerned about aesthetics, noise, and the loss of on-street parking, eventually won. By 2022, the state Supreme Court forced the city to end the outdoor dining program.Â
In response, the City Council adopted a new, permanent program in 2023, Dining Out NYC, that would be managed by the city’s Department of Transportation (DOT).
“New Yorkers came to enjoy outdoor dining during the pandemic and Dining Out NYC has made it a permanent, vibrant part of our streets,” New York City D
Article from Reason.com
The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.
