Mayor Bill de Blasio announced on January 26 that he supported Governor Andrew Cuomo's decision on January 25 to sustain indefinitely the ban on indoor dining in New York City. Both the governor and mayor maintain that New York City will receive unique treatment because of the city's density and because the city was the epicenter of the COVID-19 pandemic in March 2020.
Cuomo announced in a press briefing on January 25 that New York State's infection rate dropped to 5.47% from what he called a "holiday spike." As a result, he said he would lift unspecified COVID-19 restrictions this week in designated micro-cluster zones under yellow and orange designations. These areas may join much of the state, including Nassau County, in having as much as 50% capacity inside restaurants. Indoor dining would remain totally prohibited in New York City restaurants, 0% capacity, for an undetermined period, however, he added in response to questions from reporters.
"The indoor dining in New York City is a New York City-specific condition, and we're not, at this point, contemplating any changes," Cuomo said.
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| The Benny Benack & Stacy Dillard Ensemble performed indoors for diners seated outdoors on January 26 |
A day later, de Blasio echoed the governor, saying that infection rates would determine when indoor dining in any capacity may resume. He said his administration is monitoring the numbers daily.
"This all has to be about the data and the science. Right now, there's real concern about these new variants that we're dealing with. Our health care leadership's watching that real carefully, but the biggest x-factor is the vaccine. That could be the game changer obviously, but we don't have the supply. And I think it's hard to project that things are going to be okay in the short term until we get a reliable supply of vaccine," de Blasio said. "We need a constant and reliable supply of the vaccine from the federal government, from the manufacturers."
"Right now, the central focus is health and safety," de Blasio said. "So at this moment, we obviously still have way too many cases in the city. We have these new variants that we're watching very carefully. We're going to be governed by the data and the science. Right now, now the data and the science tells us 'be careful.'"
The mayor encouraged citizens to support their favorite restaurants, despite the winter weather.
"I have done outdoor dining in this kind of temperature and not a problem at all for me," de Blasio said. "This is perfectly good weather and there's a lot of great outdoor dining setups that have really kept people real warm and safe. They've done great. So I encourage everyone have a winter adventure tonight."
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| Assaf Salhov performed indoors for outdoor diners at the Anyway Café on January 26 |
Objections from the Hospitality
Industry
Hospitality industry leaders in particular applied heat increasingly to the governor. Dozens of restaurants, including a coalition of 70 restaurants and bars, filed litigation against Cuomo in recent times. They contended that the governor's ban on indoor dining in the city while permitting it (at 50% indoor capacity) in the rest of the state violated their civil and constitutional rights. Several lawsuits charged a lack of scientific evidence which proved that restaurants contributed to the infection spread, and that bars and restaurants in the state were the cause of less than 1.5% of COVID-19 cases that were spread between October and December of 2020.
NYC Hospitality Alliance statement posted on social media on January 25
No Change in Live Music Policy
Musicians can continue to play "incidental music" for diners. Live music proliferated in sidewalk cafes starting in the late spring and even through the fall until Cuomo closed all indoor dining in early December. Fewer restaurants continue to present live music, but the local music circuit is still alive. Some restaurants, including the Anyway Café, Baby Brasa, and Marshall Stack book one artist per night. Rue-B puts its acts on a weekly rotation, for instance this is the Friday band, this is the Saturday band. Other venues, including the Corner Bistro, Caravan of Dreams, and Joey Bats Café, seem to work with only one artist who plays multiple performances each week. Diners are enjoying the entertainment at no charge and are tipping the musicians in appreciation, knowing that the venues may be giving the artists only a free dinner. Local musicians have acknowledged that a re-opening of indoor dining would enlarge the music circuit and give more artists the opportunity to earn a meager living.
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| Chris Campion performed outdoors alongside diners at the Corner Bistro on January 26 |
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