State judges toss lawsuit against NYC's permanent outdoor dining structures

An outdoor dining area for the Baby Brasa restaurant in New York
An outdoor dining area for the Baby Brasa restaurant in New York Photo credit Jeenah Moon/Bloomberg via Getty Images

NEW YORK (WCBS 880) — A lawsuit brought on by outdoor dining opponents against New York City has been tossed since the city is still figuring out the future of the program, state judges ruled.

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Mayor Eric Adams is supportive of the lawsuit dismissal and has been vocal about his intentions to keep the outdoor dining structures in place that have been around since 2020.

“I believe we should standardize it,” Adams said. “I like the idea of ‘Here are four different types. Pick one.’”

The outdoor dining opponents cited garbage, vermin and noise as reasons for the program to end but state judges felt bringing a lawsuit now, while the city is still working out kinks of permanent regulations, is too soon.

Ideas for regulations for permanent options included only allowing them in the warmer weather and making the seating areas rat-proof.

“We want to make sure that it is clean that is safe,” Adams added.

Featured Image Photo Credit: Jeenah Moon/Bloomberg via Getty Images