Court Reverses City Council and Orders it to Issue Sidewalk Café Permit

Last week a court in Manhattan reversed the denial by the New York City Council of a sidewalk café permit for Calle Dao at 461 West 23rd Street in Chelsea. Calle Dao, a Cuban-Chinese restaurant in the London Terrace building, had applied for a permit for a small sidewalk café. The last restaurant in that space, Barchetta, had been issued a sidewalk café permit when it had operated in 2014. However, opposition by some vocal residents of London Terrace, Community Board 4, and City Council Speaker Corey Johnson led to a vote in the Council to deny the permit, even though it had been approved by the Department of Consumer Affairs. In her ruling, Judge Carol R. Edmead said that the Council’s vote was “unsupported by evidence regarding land use and zoning regulations and only based on community opposition.” Citing previous court rulings, the judge ruled that the Council’s decision to deny the permit to Calle Dao “fails the rational basis test and is thus arbitrary and capricious.” The City was ordered to give its consent to the café. Bernstein Redo, P.C. was part of the Calle Dao team.