Paul Bass Photo
The new normal? Duncan Goodall by his Koffee? outdoor patio.
Contributed Photo
A winter fondue meal outside Choupette Crêperie & Cafè.
After maintaining street dining throughout the winter, four local restaurateurs now have five days to dismantle their patios for five weeks or face $250 daily fines.
City Public Space Inspection and Enforcement Supervisor Cynthia S. Rivera sent out those warnings last week to business owners who took advantage of a new pandemic policy that enables them to obtain permits to put outdoor seating in former parking spaces.
Rivera reminded the owners of the four eateries — Koffee?, Choupette Crêperie & Cafè, Atelier Florian, and Zeneli Pizzeria e cucina Napoletan — that the outdoor dining permits cover a period from April 15 to Nov. 15.
“Please be advised that this violation can lead to a citation up to $250 for each day this violation continues.”
The letter left Duncan Goodall scratching his head.
Unlike in past years, the city did not send him a reminder letter last November about the expiration. He figured that was because winters have grown milder and people continue to eat and drink coffee outside.
Then, with spring just weeks away and April 15 a mere six weeks away, the city sent the warning letters.
“I just figured it was the new normal,” Goodall said. “It’s insane. I’m hoping they’ll rescind it.”
City Chief Administrative Officer Regina Rush-Kittle disputed that timeline of events in a Monday afternoon comment provided to the Independent. “These businesses were initially noticed in December to break down their outdoor seating areas in order to ensure that public streets could be properly plowed and cleared of snow throughout the winter months,” she said. “All other businesses complied. These did not, which is why citations were issued.”
Goodall originally placed five tables with 15 chairs on the sidewalk outside his Audubon Street establishment when the city created the outdoor dining program in response to the Covid-19 pandemic.
Paul Bass Photo
Last year he obtained a second permit and spent $6,000 to construct a wooden patio on parking spaces in the street to accommodate another 10 tables with 20 chairs.
Throughout the winter customers have continued sitting outside on non-rainy days whenever the temperature reaches the mid 40s to low 50s, Goodall said.
He said he’d prefer not to have to spend $1,000 dismantling and storing the new patio he built just to rebuild it five weeks later. He argued that the policy should evolve along with the reality of climate change and Covid-19 pandemic life: Outdoor seating has become a “highly popular” “habit.” And New Haven winters have warmed, requiring less reasons to keep streets fully clear for snow plowing.
Meanwhile, the outdoor seating has helped strengthen community, he argued: People get used to seeing friends seated outdoors, and sidewalk life builds.
“This really doesn’t make any sense anymore,” Goodall wrote to the mayor. “People have been using my outdoor seating all winter. We had one mild snow, and it was all gone 48 hours later. I’d like the ability to keep my outdoor seating available year round — besides which, it is healthier for the general public to have outdoor seating available if they don’t want to wear masks indoors.”
Adil Chokairy’s customers around the corner at Choupette Crêperie & Cafè have even made use of his Whitney Avenue patio in the snow.
“It’s good for the city. It’s good for residents,” he said of year-round outdoor dining. He said he appreciates the support the city has given businesses like his during the pandemic; he said he’s willing to pay $500 to $600 extra for a year-round permit for the streets spaces.
City Economic Development Administrator Mike Piscitelli said his staff plans to speak with the public works department to discuss whether to waive the fines for the five weeks. He said the notices probably “would have gone out sooner had it been a normal winter.”
He also said his department plans to explore amending the outdoor seating policy to allow for safe year-round outdoor dining that can “stand up to winter.”
Piscitelli said he “fully agrees” that this is becoming part of a new way forward in cities around the country. “Outdoor dining is now part of the fabric of life.”
“Our restaurant community has been outstanding in partnership over three years, and we are confident the program launch for this season will open up access for more of these highly successful and popular places both Downtown and citywide,” he stated.
In a comment provided to the Independent for this story on Monday afternoon, city spokesperson Lenny Speiller said: “The City is supportive of outdoor dining and the increased options that it has provided to customers and eateries. We’re committed to trying to find a way forward that balances both the need to keep our streets clean and cleared of snow during the winter, and that enables outdoor dining to be an option for as many customers and restaurants as possible all year round.”