It’s Simple: All Sidewalk Seating Must Have Barriers

By Brian J Pape, AIA, LEED-AP

All cafes must have barriers to control disruption to the public right-of-way. When seats are put out without barriers, customers might block the pedestrians trying to get by. Waiters tend to serve heavy trays and dishes on the public path, creating safety hazards for customers and passers-by. Credit: Brian J. Pape, AIA.

One of the fundamental rules established by the City Council in 2023 (to manage the “Wild West” chaos of the pandemic era beginning in 2020) was to designate the minimum amount of clear pedestrian paths on public sidewalks. So when an establishment wants to apply for a license to use public sidewalks for their private seating (so-called “café” seating), the first step is to verify what must be kept clear for pedestrians. There are a few other rules to maintain clearances from hydrants, tree pits, and traffic and light poles, but the clear path is the most important.

Many cafes, like this one at Sixth Avenue, have been approved for sidewalk seating that keeps their service within barriers. This prevents customers from shifting their seats into the pedestrian path. An added benefit to the café is the opportunity to brand their name on the barriers. Credit: Brian J. Pape, AIA.

Once the line between public clear path and the café is identified, the next step is determining what goes on inside the café area. Serving customers from the pedestrian path is not allowed, since that path must be kept clear of any obstructions. That means there must be space to walk between tables and chairs for both customers and wait staff inside the café area. All new public accommodations are required to comply with the ADA laws established in 1990. That is partly the reason why cafes cannot be placed on platforms or where there is less than three feet of space for a wheelchair user.

For anyone walking around our city in the evening, it will be apparent that many cafes are not yet in compliance with city codes, although the city Department of Transportation (DOT) is working to enforce the rules for all.

Many cafes, coffee shops, pizza parlors, sports bars and pubs, have simply decided to put tables and chairs on the sidewalk, with or without going through the approval process. Some have gotten approvals with the promise of complying, but set up without doing so.

There are no exceptions: all sidewalk seating must have demarcating barriers around their seating area. Village View has previously reported on some of the restaurants and bars that have complied with city rules. DOT asks residents to notify them or call 311 with information about violators. Hopefully, eventually all cafes will come into compliance and will treat our residents with respect.