Electeds, Small Businesses, & Public Space Advocates Rally for Expanded Outdoor Dining Program

NEW YORK, NY—A coalition of restaurant owners, workers, and public space advocates gathered at Filé Gumbo Bar on Monday morning ahead of City Council’s hearing on proposed changes to the city’s curbside dining program, Dining Out NYC. The rally sent a clear message: outdoor dining supports local restaurants and adds vibrancy to our streets—and New Yorkers want a program that ensures these benefits can be enjoyed by more small businesses and neighborhoods throughout the city. 

“Curbside dining shows how we can use public space to support small businesses and bring more life to our neighborhoods,” said Sara Lind, Co-Executive Director of Open Plans. “But the current program is in dire need of adjustment. That’s why I’m excited about the broad coalition that joined together today to urge the City Council to improve the program.” 

“Outdoor dining was a game changer in how New Yorkers experience and enjoy our streets as public space,” said Council Member Lincoln Restler. “Changes implemented by the Adams administration have forced restaurants to jump through arduous hurdles to participate and have dramatically reduced the number of businesses benefiting from outdoor dining by 80%. New Yorkers hunger for an end to seasonal outdoor dining and our legislation restores year-round outdoor dining and makes it easier for our thousands of additional small businesses to provide more places to gather and dine together.” 

"I've heard from countless restaurant owners that the ending of outdoor dining season in the winter makes the program unsustainable. With the price of obtaining the permit and applying, as well as the cost of building and tearing down every winter, the outdoor dining program, as it stands, is useless red tape," said Council Member Shekar Krishnan. 

The legislation being considered by City Council would restore year-round outdoor dining and reduce bureaucratic hurdles faced by restaurants who want to participate in Dining Out NYC—making the program more sustainable, accessible, and successful. “Today’s proposals are a big step forward—allowing year-round streeteries by ending the costly four-month teardown rule, restoring long-standing sidewalk café seating, and improving the licensing process,” said Andrew Rigie, Executive Director of the NYC Hospitality Alliance. 

These current barriers “prohibit smaller and less financed operators from participating,” said Cordelia Persen, Executive Director of NoHo BID. 

Jacob Dugopolski, Associate Principal at WXY architecture + urban design, who led development of a modular framework for outdoor dining sheds, said, "Outdoor dining transformed New York’s streets into spaces for connection and community. Removing unnecessary seasonal limits, creating options to expand seating capacity, and streamlining the approval process will make it easier for small businesses to thrive and for all New Yorkers to enjoy more vibrant, people-centered streets throughout the year." 

The difficulties these restrictions impose is illustrated by the experience of Bolivian Llama Party in Sunnyside, which was featured in the New York Times as the only surviving Bolivian restaurant in the city, but unfortunately has no indoor seating. “Their outdoor seating brings so much life to the block, but every winter it's a struggle for them to survive on takeout alone," said Corey Hannigan, Tri-State Transportation Campaign. 

“Our vibrant restaurant industry brings neighborhoods to life and fuels economic growth. This legislation will ensure that outdoor dining remains a sustainable and integral part of New York City while promoting businesses during a financially challenging time for both our city and the nation,” said Council Member Julie Menin.

“Outdoor dining has become a staple of New York City living, adding energy and vibrancy to our streets. It has supported the restaurants and cafes that define our neighborhoods by creating jobs and boosting wages. But the current restrictions are needlessly standing in the way of having a truly thriving outdoor dining program. Let’s help our small businesses and give New Yorkers what they’re asking for: a functional, year-round outdoor dining program,” said Council Member Keith Powers.

“As Chair of the Committee on Transportation and Infrastructure, I will continue pressing DOT to deliver a program that is clear, consistent, and equitable — one that supports our small businesses while keeping our streets safe, accessible, and welcoming for all New Yorkers,” said New York City Council Majority Whip Selvena N. Brooks-Powers, Chair of the Committee on Transportation and Infrastructure.

“Outdoor dining kept thousands of small businesses alive during the pandemic, and New Yorkers deserve a year-round program that brings life to our streets…We also need real enforcement that targets bad actors, not blanket rules that punish everyone and push small businesses out of the program, stated Assembly Member Tony Simone.

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About Open Plans

Open Plans is a nonprofit organization working to transform New York City’s streets into vibrant, people-first public spaces. Through grassroots advocacy and policy change, we advance a vision of a city where streets are safe, accessible, and designed for community connection.