Open for Whom?

Commandeering Public Streets for Private Business Raises Concerns

Community leaders in Lower Manhattan are pushing back as the City’s Department of Transportation (DOT) considers a controversial proposed modification of its Open Streets program, which would allow private businesses to request street closures for exclusive use by their patrons.

An online comment portal (which closed on April 23) drew more than 150 responses, 85 percent of which were opposed to the plan. Sample remarks included, “‘Open Streets’ is a gross mischaracterization of the illegal occupation of our public roads by private lobbyists within the DOT,” and “these plazas are an excuse to privatize the common roadway that belongs to all of us.” Other comments featured language such as “land grab,” “dreadful,” “ludicrous,” and “unfair.”

But a representative of the Downtown Alliance said, “the Alliance supports the Department of Transportation’s proposed rule changes that would allow portions of public plazas to be designated for the exclusive seating of concession kiosk customers. As the non-profit organization that manages the Lower Manhattan Business Improvement District, we maintain and beautify several public spaces and understand the value these spaces can have in creating a vibrant streetscape for those who live, work, and visit.”

A contrasting perspective was offered by a grassroots organization, Neighbors On Canal, which was formed to oppose an Open Street on the Lower East Side – along Canal Street, between Orchard and Essex Streets – that has become a fashionable destination for young bar patrons, who refer to the area as “Dimes Square.” (The name is a nod to Dimes restaurant on Canal Street.)

A spokesman for this group said, “if anyone wants to experience the DOT’s vision for privatized Open Streets and public plazas, come down to our neighborhood, where 100 percent of Open Streets seating belongs to the bars and restaurants. Two blocks of Canal Street are closed off to traffic and emergency vehicles so private bars and restaurants can seat 300-plus in the roadway, with zero seats for the public. You have to purchase a $16 cocktail to sit on your own street, or else private security hired by the restaurants will move you along.”

This criticism has led the Canal Street Merchant Association, a group representing the restaurants clustered in Dimes Square voluntarily to cut back their hours and days of operation. Here, the Open Street is in effect only from Thursday to Sunday, and shuts down at 10:30pm. Previously, it operated seven days per week until 11pm.

Community Board 1 (CB1) enacted a resolution at its April 22 meeting, noting that the Board “fully supports the idea of closing streets for public use, but is strongly opposed to the privatization of public space on Open Streets and pedestrian plazas in our district, believing this rule would allow businesses to take a disproportionate amount of land for their own use at the expense of the public.”

CB1 argued, “no single business owner should be able to profit exclusively from any Open Street or pedestrian plaza, and there should be a balanced allocation of space among all people who live and work on the street.” The resolution recommended that public seating should be available to all regardless of where food is purchased and stated, “Open Streets and pedestrian plazas provided with exclusive restaurant use should be required to provide access to public bathrooms during open hours.”

CB1’s concerns are sparked in part by an Open Street application recently approved by DOT for Casa Restaurant in Tribeca. This will shut down Duane Street between Hudson Street and West Broadway six days per week.