Testimony in Support of the Open Restaurants Program

New York City Council Hearing Testimony on the Open Restaurants Program

Marco Conner DiAquoi, Deputy Director

Testimony before the Committee on Consumer and Worker Protection & 

Subcommittee on Zoning and Franchises

February 8, 2022

Good morning, my name is Marco Conner DiAquoi, Deputy Director for Transportation Alternatives. Transportation Alternatives has been a leader in the fight to make our streets more liveable for nearly 50 years and we are proud to join in support of the local businesses that make our neighborhoods vibrant and streetspace come alive. Thank you to Chair Velazquez and Chair Riley for today’s hearing and the opportunity to testify in support of Preconsidered Intro 88, legislation regarding the permanent outdoor dining program.

Much of this conversation has been framed as a debate. But New York City voters have spoken loud and clear. Nearly two-thirds of registered voters citywide believe outdoor dining is an important use of curb space in their own neighborhood, according to polling from the Siena College Research Institute. Support jumps to 78 percent of voters in Manhattan. The future of this program should not be a debate, because the public consensus in support is clear. The future should be a program that is even better, and part of a citywide vision to reclaim street space from cars for the benefit of everyone. 

The current allocation of curb space in our city is highly inequitable. 75 percent of our public curb space is devoted to the movement and storage of vehicles. New York City has three million free parking spaces, mainly for personal cars – private property stored for free on public space. When just 0.2 percent of these spaces were put to higher use for outdoor dining during the COVID pandemic, New York City saved 100,000 jobs. 

We believe in a city and future that puts our shared public curbs to better use than the free storage of private vehicles. That is why our NYC 25x25 coalition has the support of 200 diverse groups across the five boroughs. We are demanding that the City of New York reclaim 25 percent of space from cars and give it back to people by the year 2025. This reimagination of space for better uses will save lives by reducing traffic violence, move us towards a sustainable, clean and equitable future, and create and save jobs for New Yorkers. The Open Restaurants program is a key part of this vision and must be expanded and improved.

We have seen the benefits of the Open Restaurants program, yet we also know that current implementation, in construction, management, and design, has faced challenges. Transportation Alternatives supports a permanent program that establishes new rules and clear guidance to make the program more effective and equitable. Space for dining must come from driving lanes or parking spaces, not bike lanes, bus lanes or crosswalks. If local residents have complaints regarding sanitation or vermin, the City of New York should add encased on-street trash containers in adjacent parking spaces for more organized and sanitary trash collection. We also believe that outdoor dining establishments can complement Vision Zero efforts and the highly successful Open Streets program that has returned valuable public space to the community. The new program guidelines must ensure that these establishments uphold the safety of everyone on our streets, especially pedestrians and cyclists. 

Once permanent rules are set for the Open Restaurants program, we need to continue reimagining the entire streetscape. When streets are planned around people, there is plenty of space for parklets, bike lanes, benches, bike share, and outdoor dining. Everyone can be included on and benefit from our streets if we stop planning around the needs of cars. 

Thank you.

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