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Council Member Marte opposes Le Dive's sidewalk cafe application
0:32:09
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4 min
Council Member Christopher Marte explains his opposition to Le Dive's sidewalk cafe application, citing numerous complaints and violations of outdoor dining regulations. He emphasizes the need to hold businesses accountable and maintain quality of life for residents, particularly elderly and immigrant neighbors.
- Marte highlights 75 complaints against Le Dive, mostly related to sidewalk disruptions, noise, and operating outside permitted hours.
- He stresses that denying the sidewalk cafe application won't significantly impact Le Dive's business, as they still have access to other outdoor dining options.
- Marte argues that enforcing rules is crucial to maintain successful open streets and sidewalk cafe programs.
Christopher Marte
0:32:09
Thank you, council member, and chair Reilly.
0:32:13
Good morning.
0:32:14
We are here to call up application.
0:32:18
In my past three years as council member, I've never called up an application before.
0:32:22
But L'Dive has demonstrated a continuous disregard for Sidewall Cafe regulation and at this time cannot be trusted to be a good steward of this program and must be held accountable.
0:32:33
Since last summer, my office has been working with residents and small business along the Canal Open Street to adjust quality of life issues.
0:32:40
These trendy restaurants are havens for influencers and pop ups and draw crowds much larger than they can responsibly accommodate.
0:32:48
We successfully worked with many of the Dive's neighbors who have responded to three one one complaints and outreach from residential neighbors to close their sidewalk cafes at the appropriate time or the proper time and comply with regulations.
0:33:02
But the dive operates like the rule doesn't apply to them and their patrons.
0:33:06
This business has consistently violated rules of the temporary outdoor dining program.
0:33:11
Per three one one records, thirty seven Canal Street where Ledive is located, has received 75 complaints against the restaurant alone.
0:33:19
The vast majority of which were about disruption on the sidewalk, loud noise and music, crowds and smoking, outdoor seating, fully blocking the sidewalk and operating outside the service past permitted hours.
0:33:34
The Lower East Side and Chinatown are no stranger to mixed use communities.
0:33:38
Many of our streets are lined with bars and restaurants with elderly immigrant neighbors living in rent stabilized apartments above them.
0:33:46
But this harm harmonious community cannot exist if bad actors are allowed to break the rule.
0:33:52
Our elders have a right and a legal right to be able to use the sidewalk, a legal right to have their windows opened without cigarette smoke waffling in, a legal right to not be physically forced out of public space, left to push wheelchairs and walkers in the middle of the of Ludlow Street after sunset.
0:34:13
L'Dive doesn't just bar elderly people from this otherwise highly trafficked corner.
0:34:18
I've heard dozens of neighbors including cool young people that probably would otherwise would love to go to Ledive about how this one bar drags down the quality of life for the entire open street.
0:34:29
These are not just violations, but a result of a business systematically ignoring the well-being of its neighbors with no consequences.
0:34:37
We hope that Ledive can be a better partner in the future.
0:34:40
When they were notified about this call, they sprung to respond, unlike their reactions to nearly the seventy five three eleven complaints from their neighbors.
0:34:49
This shows that they are capable of being a communicative neighbor, and we're happy to reconsider their application next year.
0:34:56
I also want to assure the business owners and patrons the removal of the sidewalk cafe won't hurt the business or your ability to have a good time, provided that the rules are followed.
0:35:07
The dive will still be eligible for 70 plus outdoor dining seats on the open street.
0:35:15
They will still have access to the open street program and the roadside program, which makes up the majority of their outdoor dining opportunities.
0:35:23
This sidewalk cafe will have relatively little impact on the business, which will still, as I said, which will still be allowed to have its entertainment and program on the open street and on the roadside cafe.
0:35:36
But it's an essential tool that we must use that are it's important that these rules and regulations are followed because if not, this becomes a pattern.
0:35:48
And many businesses will see that if one business can do it, why can't they?
0:35:53
And so today is making sure that we are allowed to have successful open streets, we are allowed to have successful sidewalk cafes, but the only way we can do that is by making sure that the bad actors are held accountable.
0:36:06
Thank you for your time, Chair, and for the opportunity to speak.