NYC restaurant owners flummoxed by new, inconsistent dining edicts as the government continues to contradict itself



Restaurant owners have borne the brunt of COVID restrictions during the pandemic — and very few cities have seen more severe and inconsistent new regulations than New York City.

Now, more New York City restaurant owners are publicly pointing out the lack of consistency in the dining shutdown policies in a city where — according to the governor's own data — bars and restaurants are responsible for just 1.43% of the virus' spread.

The contradictions these businesses are facing as New York governmental agencies cannot get their orders straight have made life nearly impossible for entrepreneurs seeking just to stay afloat.

What are the restaurants doing?

After getting completely shut down last spring, New York City restaurants began slowly reopening with limited crowds over the summer and early fall. To cope with diminished indoor seating options, eateries created outdoor dining areas, which worked fairly well as long as the weather cooperated.

On Friday, Dec. 11, Gov. Andrew Cuomo (D) declared that all indoor dining in the city would have to close as the virus was surging again. Shortly after the governor issued his edict, New York City Mayor Bill de Blasio (D) threatened that if people didn't get the virus under control, the city could be facing a "full shutdown."

And once again, Gotham eateries got creative and made major investments in attempts to expand outdoor dining and offer more takeout and delivery options.

Then on Thursday, the city issued a new "COVID-19 Dining Update" for restaurants, the New York Post reported. Included in that update was a ban on restaurant employees eating inside the restaurants they work for during their breaks.

The city also added a new requirement for nighttime takeout — no more in-person orders, even if conducted outdoors. All such orders must now be placed via online or telephone. Also, orders can be picked up inside the eatery only before 10 p.m. — after that it's curbside only.

But the most controversial item on the COVID update was the declaration that patrons at a restaurant's outdoor dining area could not use the establishment's indoor restrooms. What made the new order even more strikingly egregious was the fact that New York was in the middle of serious winter weather with 30-degree temperatures and significant snowfall.

However, the Post reported, after significant pushback, the state reversed its bathroom ban.

The government can't get its edicts straight

The Post's Karol Markowicz has been watching the impact of government edicts on the Big Apple — from businesses to education to families — and her piece Monday revealed some of the conflicting standards city eateries are facing with Cuomo's new COVID orders that target New York City restaurants.

Markowicz interviewed restaurant owners in the Big Apple who are attempting to navigate the new regulations, and she determined that the "new city diktats are just the latest serving of hell dished out to restaurateurs and their workers by a political class that continues to receive regular paychecks courtesy of taxpayers."

One owner, Tina Plagos, who owns three establishments, said she hasn't turned a profit in 10 months.

"We haven't had a profit since February and have bought air purifiers, heaters, a ton of extra cleaning supplies, masks, hand sanitizer and have spent thousands to build and rebuild the outdoor seating area," she told Markowicz.

But according to Plagos, what is really maddening about the new COVID edicts is that apparently restaurants are dangerous only if they are located within the boundaries of New York City.

"In Long Island, customers can sit and eat at the bar six feet apart, but in New York City, no one is allowed near the bar," Plagos said. "You can't order a drink at the bar, let alone eat at the bar."

Rafi Hasid, another multi-location restaurant owner, told Markowicz he has spent at least $10,000 per site to keep up with the ongoing and ever-shifting regulations.

But worst of all, the government continues to contradict itself, as agencies give conflicting messages on what is allowed and what is not for outdoor dining.

"In the beginning, they said they're going to allow propane heaters. But then they said you can't have them on the street side or on the outside of the sidewalk," Hasid said. "Then they said you can't keep the propane tanks on your property and must store them at a different location every night. So that was a wasted purchase."

And heaters weren't the only area he saw major conflicting messages from officials.

"We capsuled the outdoor seating, so every table has its own personal area," he said. "The Health Department said it's good. Then the Fire Department said we need a door, and it should be closed. Then yesterday, we got an e-mail from the city that the door can't be closed, because the space needs to be open on two sides. We keep investing money but what's the criteria to open indoor dining again? We have no idea."

Restaurant owners continue to cry for help, asking a city and state that apparently won't listen.

"Restaurants are mainly family-owned and made up of mainly minorities," Plagos told Markowicz. "They aren't corporate America. We were living the American dream of working hard and taking care of our families, and now they took that right away from us."

In major setback for NY's economy, Gov. Andrew Cuomo shutters indoor dining amid COVID-19 spike



New York City's indoor dining will be shut down, according to a Friday report from The Hill.

What are the details?

New York Gov. Andrew Cuomo (D) announced Friday that the new regulations are in an attempt to stem the tide of rising COVID-19 cases across the city and state. The ban goes into effect on Monday.

According to Cuomo, restaurants will still be permitted to utilize outdoor dining and offer both takeout and delivery options to customers.

The outlet reported that indoor dining resumed at just 25% capacity in late September in New York City.

"In New York City, you put the CDC caution on indoor dining together with the rate of transmission and the density, and the crowding," he said. "That is a bad situation."

The Hill reported that the state's contact tracing data of 46,000 confirmed cases between the months of September and November show that small gatherings have driven at least 74% of all infections. Infections attributed to restaurants and bars, however, accounted for just 1.4% of all infections between those months.

.@NYGovCuomo is displaying a chart on the source of new coronavirus infections in New York.Here it is. I’ll tweet… https://t.co/HCLzFNJMJJ
— Jimmy Vielkind (@Jimmy Vielkind)1607705211.0

"It's not forever," Cuomo promised. "We have to get through this period, and the faster we can get through this period, all businesses can open again."

Cuomo said New York is expecting 170,000 doses of Pfizer's COVID-19 vaccine on Sunday or Monday after it receives emergency approval, The Hill reported. And the highly anticipated vaccine from Moderna could get the green light next week, and Cuomo said the state expects 346,000 doses of that vaccine the week of Dec. 21.

According to the New York Post, Cuomo said that there will be "economic hardship."

"The 25 percent to 0 percent [capacity], but we have compensated in other ways," he reasoned. "The restaurants have adapted and New Yorkers have really adapted. ... We're asking everyone to hold on. The end is in sight, but we still have to get there."

What else?

Eater on Friday reported that nearly half of New York's restaurants are in danger of closing.

A new survey by the New York State Restaurant Association has found that New York restaurants are being more adversely impacted when compared to the restaurant industry nationwide.

The survey — carried out on 6,000 restaurant operators, to include 238 restaurant operators in New York — found that 54% of New York restaurant owners say it is "likely" that they will be forced to close within the next six months if a second federal stimulus package does not come through. And 60% of restaurant owners in New York also reported that they are considering a temporary closure until the coronavirus pandemic ends.

Just 37% of restauranteurs outside of New York said they would be forced to close within six months without a federal aid package, and 36% of operators said they were considering the temporary closure, the survey said.

NYC restaurants spend a ton to get creative with outdoor dining as Gov. Cuomo threatens to shut down all indoor eating options



New York City restaurants are already having trouble staying in business under Democratic Gov. Andrew Cuomo's edicts, which says they may operate at only 25% capacity.

Now Cuomo is threatening to completely close all indoor dining in the city.

The governor declared Monday that all dining rooms in the Big Apple could be shut down as COVID-19 hospitalizations increase, the New York Post reported.

"If after five days we haven't seen a stabilization in a region's hospital rate, we're going to clamp down on indoor dining, " Cuomo announced during a news conference in New York City.

"There are certain absolutes, OK? What is the absolute here? You cannot overwhelm your hospitals. You can't be Italy," Cuomo told New York City reporters. "If you are at a rate that is going to overwhelm your hospitals, you must shut down."

Some areas of the city have already seen restaurants forced to completely close their dining rooms and offer takeout and outdoor dining only.

One Staten Island location, Mac's Public House, famously defied the shutdown order and declared itself an "autonomous zone" from lockdown restrictions. New York Sheriff's Department officers arrested the bar's co-owner, Danny Presti, for flouting the health mandates.

During his presser Monday, Cuomo mocked New Yorkers who would dare to complain about lockdowns, the Post said.

"'Oh, we don't want to do that again,'" the governor said mockingly. Then he warned that there was just one way to avoid a citywide ban on indoor dining: "Then change your behavior. But if we don't change our behavior, that is the absolute reality of the situation."

The difficulty restaurants are having were reflected in a newly released survey from the National Restaurant Association that found one in six restaurants in the U.S. have closed permanently as a result of the pandemic.

Gotham's restaurants are feeling the heat and many are getting creative with outdoor dining as Cuomo continues on his rampage.

Restaurants lucky enough to have rooftop access, backyards, sidewalk space, or streets not blocked by fire hydrants are investing a lot of money to winterize their outdoor spaces for dining, the Post reported. For example:

  • Nerai, a Greek restaurant in Midtown, has spent $120,000 to winterize its garden area for outdoor-dining patrons.
  • Fig & Olive had to close one of its two Manhattan locations, but its remaining location has spent thousands of dollars creating dinging igloos that are wrapped in plastic as well has a "lean-to style 'lodge.'"
  • The Magic Hour Rooftop Bar & Lounge in Times Square has transformed its 10,000 square-foot outdoor area into a ski-lodge-themed dining space.
  • Tribeca's Kitchen is spending thousands of dollars to winterize its outdoor space with a permanent outdoor structure coming after the New Year.
  • Carnegie Diner & Cafe in Midtown spent $6,000 updating its outdoor space that holds only 40 people.
  • Benjamin Prime Steakhouse in Midtown has come under fire after investing serious money in building a giant tent that covers the sidewalk on 40th Street and requires pedestrians to use a passageway through the outdoor dining area in lieu of using the street.

Restaurant consultant Rick Camac told the Post, "Everyone is trying to grab as much outdoor space as they can — even from their neighbors. And if you don't have outdoor space, you are out of luck."

If things don't change soon, Camac warned, it's going to be curtains for a lot more eateries.

"Many restaurants will be dropping like flies, unless more federal aid kicks in," he said.