CB2 raises safety and enforcement concerns as city unveils 'Open Restaurants' plan

Manhattan Community Board 2 told city agencies it supports outdoor dining but needs clearer rules, better barriers and a defined enforcement plan before the city’s Open Restaurants program is widely implemented.

The board’s reopening working group and the Traffic & Transportation Committee told the full board they back outdoor dining as a critical economic step for neighborhood restaurants yet warned that the initial rollout showed gaps. In its advisory letter and a Transportation Committee resolution, CB2 asked the Department of Transportation to test sturdier low‑tech barriers or automated gates, to improve signage and to build enforcement options into deployment plans to prevent drivers from moving barriers and to discourage unsafe congregations.

Why this matters: The program lets restaurants place seating on sidewalks, in curb lanes and on closed streets. In CB2 — an area that includes a high density of sidewalk cafes and bars — board members said the pilot must also protect pedestrians, bicyclists and residents who live above ground-floor businesses.

Key concerns raised by board members and staff - Barrier design: staff and several committee members said cone‑style or plastic bollard systems are easily displaced and asked DOT to trial alternatives (swing gates, planters, or other traffic‑calming measures). - Enforcement and responsibility: the meeting flagged inconsistent enforcement across agencies and stressed the need for clear lines of responsibility. CB2 cited a governor statement (executive order effective 06/18/2020) making licensees responsible for social‑distancing violations within 100 feet of their premises; the board said the mayor’s and DOT’s operational guidance still left questions about how enforcement would work in practice. - Resident impacts: multiple members noted residents above restaurants face noise and privacy impacts if sidewalk and curb seating are expanded without local controls. The board asked for hours, sanitation and restroom mitigation plans.

What the board asked agencies to do - DOT was asked to pilot more robust barriers or gating solutions and to return to the borough agency meeting with clarified guidance and enforcement details. - The board requested clearer signage templates and suggested cameras or other accountability measures for drivers who move barriers. - The reopening working group will host informational webinars and follow‑up sessions with DOT and business groups to track implementation.

Quote from the meeting "We fully support an outdoor dining program considering it critical to the survival of our many eating and drinking establishments," the Traffic & Transportation Committee wrote in a resolution adopted by the board, "but careful attention must be given to balancing the needs of diners and non‑diners and ensuring safe passage for pedestrians and cyclists."

Ending: CB2 offered conditional support: endorse the program’s goals but press agencies for clearer, enforceable rules and a rapid feedback loop to resolve problems as sidewalks and streets reopen.