Anti-Outdoor Dining Pol Votes 'Yes' On Legalizing Sidewalk Cafes

BAYSIDE, QUEENS — A Bayside politician supported an amendment that could solidify the future outdoor dining in NYC despite her stated opposition to the al fresco program, which she said guarantees unfair treatment for unvaccinated New Yorkers.

Council Member Vickie Paladino said she won't support legislation that makes the city's pandemic-inspired Outdoor Restaurant program permanent since it could cement a "two-tier system" for vaccinated and unvaccinated New Yorkers (Paladino has long opposed COVID-19 vaccine mandates).

"The concern is that by codifying these [outdoor dining] structures, they’re simply paving the way for permanent ‘health’ mandates," she wrote on Twitter. "Those without passports will be forced to eat in the shacks while others get to eat indoors."

On Thursday, though, she voted in favor of a text amendment that legalizes sidewalk cafes across the city, as opposed to the few areas where they were allowed pre-pandemic — an amendment that the Council said paved the way for the future of Outdoor Restaurants.

"This zoning change is the first step in creating a permanent program that is better organized and regulated, more equitable, and balances the health of our restaurants with the needs of local neighborhoods," said New York City Council Speaker Adrienne Adams.

Paladino did not respond to Patch's request for comment on her vote.

The Outdoor Restaurant legislation, however, has nothing to do with the city's indoor vaccine mandate; an executive order implemented last year by Bill de Blasio's administration.

Mayor Eric Adams said this week that he supports rolling back indoor vaccine mandates in the next several weeks, pending approval from city health officials.

Thursday's zoning amendment is just the first step in the future of NYC's permanent outdoor dining program, which still has a ways to go.

An Outdoor Restaurants bill which will create regulatory framework for outdoor dining is still being negotiated, the Council said.

The program was the subject of a nearly nine-hour City Council hearing this month, where 250 people voiced support — the program saved jobs and helped pedestrianized neighborhoods — and complaints — outdoor dining sheds increase noise, attract rats, and limit parking — regarding the program's future.

In response, City agencies said that they don't envision dining sheds as part of a future Outdoor Restaurant program, but the legislation will likely include sidewalk and roadway options, neither of which will be fully enclosed.

"Going forward, it is important that we create a program that accommodates the needs of all stakeholders," said Council Member Kevin C. Riley, Chair of the Subcommittee on Zoning and Franchises.

"Together, the New York City Council will continue to support restaurant owners and employees who depend on these businesses to support their families while addressing key community concerns that maintain the quality of life and character of our community," he said.