Outdoor dining sets the mood - but is it legal and safe?

Village seeks balance between charm and compliance with Americans with Disabilities Act, By Linda Smith Hancharick Warwick — Getting a bite to eat out in the open air is something we’ve become used to here in Warwick. Many restaurant owners extend their dining areas by placing tables and chairs in front of their establishments, creating a fun eating environment. But are they legal? And just as important, are they safe? Mayor Michael Newhard has received several complaints from pedestrians, some in wheelchairs, others pushing baby carriages, saying there is not enough room to pass by on some sidewalks. And it is not just restaurant owners putting tables outside — other businesses are displaying their merchandise on their sidewalks, causing issues as well. “Warwick in Bloom has always been concerned with the width of their planters taking up much of the sidewalk,” Newhard said. “Now there are tables and chairs.” Noting the recommendations of the Americans with Disabilities Act, the mayor added: “I want downtown to be walkable and handicap accessible.” Trustee Eileen Patterson came prepared with measurements. She walked downtown, stopping at each business that has any merchandise or seating outside. She found that all except two allowed four feet for walking traffic, which is the Americans with Disabilities Act recommendation for adequate passage. Caffe ala Mode, Greetings and Salutations, The Willows Café and Ten Railroad Avenue all comply with having a four foot unobstructed walkway. The bench in front of Warwick Valley Telephone is in compliance. The Eclectic Eye on Railroad Avenue and Yesterday’s on Main Street leave less than four feet for passersby. When the tables and chairs are in use at Yesterday’s, pedestrians have less than 40 inches to walk by. “I’m not against tables and chairs outside. Just maybe smaller ones,” said Patterson. Waivers for sidewalk use John Christison has owned Yesterday’s for 21 years and has had tables and chairs outside for about 16 of them. He said he is in compliance with the village’s laws. “From the end of the curb to the start of my tables, we meet the requirement,” said Christison. “We put them where they are supposed to be. People sit in them and move them. That could be the problem.” Businesses with outside displays are in violation of village code, even if they allow the four feet. The local law states that nothing should be on sidewalks. Years ago, the village instituted waivers, allowing some businesses to display items on their sidewalks. The building inspector, Dan Kelly, is looking into which businesses have those waivers. The waiver itself is being rewritten by the village attorney. The question also arises — how does someone go about getting a waiver? Newhard said the board will discuss that, possibly sending an applicant to the Zoning Board of Appeals. “A waiver would be just like a variance,” Newhard said. Kelly said the village has been issuing waivers for about 20 years. In his five years as building inspector, he has issued only one, and that business is no longer doing business here. As it stands now, Kelly, the village attorney, and the Village Board are working to come up with a legal waiver and a procedure to get one. “The most important thing is to make the sidewalks clear for wheelchairs,” said Kelly. “Instead of being heavy-handed, we will come up with a fair criteria for a waiver and a legal way to get one. If you don’t do it that way, we can revoke the waiver.” And it’s not just walking space that can obstruct public safety; it is site distance, too. While Caffe ala Mode leaves ample walking space in front of its establishment, the umbrellas at the tables are impeding site distance from Oakland Avenue and Railroad Avenue, according to Patterson. Charm, not revenue Village attorney Michael Meth said the village’s law is in compliance of ADA recommendations and should keep some discretion, not specifying a definite distance for walkways. Things do change. For example, motorized carts used by disabled people and many senior citizens were not common 30 years ago. Whatever the case, the law does not allow anyone to obstruct safe passage, he said. “You already have a law,” said Meth. “You just need to enforce it.” For Christison, who said this is the first time he has had any complaints about passing his sidewalk, having those tables and chairs outside is not necessarily a big deal for his business. But he feels it does add to the charm of the village. “It’s not a question of how big a part of my business they are,” said Christison. “It’s the uniqueness of Warwick and the village. It’s not a question of total revenue from my tables and chairs - it’s the atmosphere.” Don’t expect all those tables and chairs to be pulled in — the process is just beginning. This will take some time.