A new lawsuit seeks to stop the city from making outdoor dining permanent.
issued an order allowing restaurants to set up shop on the streets. Mayor Eric Adams has continued to extend that order, while letting other pandemic-era accommodations, such as vaccine requirements and mask mandates, lapse. Michael Sussman, a lawyer for CUEUP, argued in thethat this shows “there is no public health emergency” anymore, and that Adams is overreaching in his attempts to allow outdoor dining.
For his part, Adams has voiced support for outdoor dining, but has acknowledged that it’s not always meeting ideal standards. “Whatever I can do to help our restaurant industry that employs dishwashers, waiters, bus boys and girls—this is an important industry, and it is an indicator of our city,” he said at a news briefing on Monday. But “some of the outdoor dining locations have become a hazard” and are “not suitable.
This isn’t the first time a difference of opinion on the practice has made it to court. Earlier this summer, a handful of restaurants werewith their landlord, who wanted them to get rid of their outdoor dining structures, because the tenants who lived above the restaurants argued they were ruining the character of the neighborhood.
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