Amendment of Rules Relating to Outdoor Dining Areas

Online comments: 6

• Daniel Bersohn

  This is badly drafted. A reference is proposed to 6 RCNY 2-55(a). This was repealed in 2024 and replaced by 34 RCNY 5-11. 34 RCNY 5-11 makes no reference to a 36″ aisle requirement within the sidewalk cafe. In fact 34 RCNY 5 makes broad and generic references to other rules/laws but does not specifically reference the ADA, for example, where a 36″ clear path requirement could be found.

  On the merits and putting aside issues of sloppy drafting, dogs are non-permanent fixtures. The rule should require patrons to cooperate to move their dog to facilitate access and provision of a 36″ clear path just as someone who’s got their chair too far from the table needs to scoot in to let someone by. The proposed rule creates a discretionary, probabilistic, and potentially retaliatory enforcement nexus for restaurant operators that seems unacceptable by failing to assign responsibility to clear obstruction of the path to the dog owner. The rule is also in that part or all of a dog may encroach into a required access aisle at times, but can be readily relocated as needed. So if a DOHMH inspector were having a bad day and threw down a tap measure to the tip of a dog’s tail and found 30″ clear they could issue a violation, when the solution would just be to say “Hey Fido, come here!” and the dog would move out of the way.

  Comment added June 23, 2025 12:39pm

• Nose to the ground-Paw on the hypocrisy!

  Ah yes, finally — the Department of Health has unleashed its regulatory might… on dogs in cafes. Because when it comes to ensuring 36 inches of clear passage, it’s clearly the Labradors and poodles of New York who are the real menace to public access. Meanwhile, elderly residents and disabled New Yorkers are left sniffing around for their long-forgotten ADA rights as city agencies (looking at you, DOT) continue to block curb access, eliminate street parking, and ignore the basic requirements of Access-A-Ride users in the reprehensible and ILLEGAL “Open Streets” program.
  This amendment pretends the city cares about “unobstructed space” — but only when it’s a terrier in the way of a waiter, not a restaurant shed, bike lane bollard, or an entire café blocking what used to be a sidewalk, curb cut, or legal drop-off zone.
  If only Access-a-Ride vans could bark, maybe then they’d get a real 36-inch clearance too.
  Let’s not pretend this rule is about safety or access. It’s about optics — a tail-wagging gesture while the real issues of mobility, equity, and ADA compliance are treated like a chew toy. Dogs might block an aisle for a second, but the City has been blocking human beings with disabilities for years, and no one’s writing up new rules for that.
  Pretending that 36 inches of clear space is a matter of public concern is laughable- unless you’re finally ready to fetch those same rights for the New Yorkers who’ve been disenfranchised from their equal rights.

  Comment added June 23, 2025 4:50pm

• Dudley Stewart

  To whom it may concern, as a restaurant owner who relies on my outdoor dining to stop my restaurant from having to close and get rid of all the jobs I’ve created, I feel that this rule would place undue strain on me, my business and pretty much all business owners.

  Can’t you just let us work out these situations ourselves? If someone doesn’t like a screaming baby should we have to come up with rules to ensure the right distance exists between tables to reduce the sound of the baby?

  Having to create 3 feet of space between tables will limit how many tables we can put outside, which limits how much money we can make. Maybe we’re not saying it loudly enough, but the restaurant industry is suffering. Business is down across the board for everyone, we need every help we can get. We need support, and breaks, and incentives. We need the city to have our backs.

  At least just leave us alone to try and survive while following the existing rules.

  Also, 3 feet between tables, or between the chairs on each table? Who will come measure this? I guarantee you that one inspector will let it slide, another will measure between the tables and yet another will measure between the corners of the chairs, and all of them will find a way to fine us regardless.

  Please don’t do this, please just help us, we need it.

  Comment added June 24, 2025 11:43pm

• Paul D'Avino

  Dogs should not be allowed in any restaurant, whether diners are inside or outside. It is disgusting and absurd to think that animals (besides trained licensed support animals) have any right to be near people eating food.

  Comment added June 25, 2025 1:03pm

• bianca

  The 36 inches rule sounds quite complicated and actually insane. I think allowing dog in an outdoor dining space should be just allowed. As a dog owner, I I think it is very important to have some space where we can sit with friends and our dogs to relax without so many complicated rules. We already are not going to dine indoors so why not let us dine outdoors? Common sense and respecting the restaurant other paytons is the key. I agree with what is written in one of the comments: “ the solution would just be to say “Hey Fido, come here!” and the dog would move out of the way.”.

  Comment added June 26, 2025 9:53pm

• Deborah M. Farley

  The New York City Department of Health and Mental Hygiene is proposing to amend Chapter 32 (Dogs in Outdoor Dining Areas) of Title 24 of the Rules of the City of New York (“RCNY”) to align with changes to the definition of “sidewalk cafe” made by Local Law 121 of 2023.

  I agree with establishing a 3-foot service aisle. Establishing a 3-foot service aisle will provide ample space for servers, staff, diners, and dogs, ensuring unobstructed movement. This extra space will help reduce tripping hazards and prevent leashed dogs from getting tangled in the legs of tables and chairs or with passing pedestrians.

  Additionally, the increased width of the 3-foot service aisle will enhance hygiene. Dogs often drool and may urinate when confined to sidewalk café seating areas or roadbed dining sheds. Allergy sufferers would also benefit from the expanded area created by this 3-foot aisle, as it reduces exposure to allergens and reduces discomfort.

  It is crucial to recognize that some dogs accompanying diners are service animals. Unlike regular pets, service animals perform specific tasks and should be able to navigate without interference from other diners’ pets. A service dog needs to move freely, without being hindered by the congestion and distraction caused by other animals. The 3-foot aisle will also help limit potential dog-to-dog altercations.

  Creating a 3-foot service aisle will provide more accessible space for servers, staff, and diners, improve safety, reduce tripping hazards, prevent dog-to-dog altercations, and minimize the risk of leashed dogs becoming entangled with furniture and pedestrians. This will contribute to better hygiene and safer accommodations for all servers, diners, and their dogs.

  Comment added July 8, 2025 1:10am