Outdoor Music Increasingly Moves Indoors

Miss Maybell & the Jazz Age Artistes in the sidewalk shed at Fern's on October 27

New York City’s Open Restaurants program, an emergency measure the city instituted when New York State prohibited indoor dining in 2020 due to the COVID-19 pandemic, seems on its way to becoming a permanent year-round program. Promoted by Mayor Bill de Blasio and supported by the hospitality industry, including the New York City Hospitality Alliance and similar restaurant lobbies, the program eases the path for food establishments to serve customers on sidewalks and curbside sheds. As hearings are being held to both positive and negative responses in community boards throughout the city, a group of 23 citizens, mostly in Greenwich Village and the Lower East Side, filed a suit against the city in New York Supreme Court.

“Open Restaurants was a big, bold experiment in supporting a vital industry and reimagining our public space. And it worked,” de Blasio said in a September 25th press conference in which he announced his intention to make the emergency program permanent. “As we begin a long-term recovery, we’re proud to extend and expand this effort to keep New York City the most vibrant city in the world. It’s time for a new tradition.”

Pinc Louds performed at the Taste of the Seaport fundraiser at Pier 17 on October 16

Open Restaurants was a lifeline for food establishments when customers were prohibited from dining inside these businesses. Currently, outdoor service is the only dining experience allowed for the unvaccinated in New York City. Many restaurant owners insist that their outdoor structures are necessary for business recovery. The city’s Department of Transportation declared on June 18 that an environmental assessment considered the effects of the Open Restaurants program on human health, noise levels, and community character, and concluded that allowing outdoor dining in residential districts year-round would have “no significant effect upon the environment.” Upon completion of the round of neighborhood hearings, the City Council will review the DoT's recommendation.

Residents who live above the restaurants have been vocal in opposition. The 108-page petition Arntzen v. City of New York, filed on October 18, claims the city bypassed long-standing zoning rules and is not considering the program’s long-term effects. The complaint claims the program has manifested negative effects to their streets like accessibility challenges, noise, trash, vermin, and numerous safety issues. The petition asks the court to mandate that the municipal government complete a new environmental impact assessment.

The Black Coffee Blues Band performed the last gig at the Waterfront Ale House on October 30 (photograph by Seth Okrend)

Live Music Outdoors

Open Restaurants has decreased in importance as a showcase for live music. A year ago, outdoor dining establishments and busking were the only ways musicians could play to live in-person audiences in New York City. Since the easing of dining restrictions began in April, the number of restaurants bringing live music to outdoor restaurants has diminished greatly. Most bars and restaurants have moved their music indoors, where the greater number of customers now sit. Compounding the matter, a recent document issued by the city's Department of Transportation states that "amplified sound is not allowed in either sidewalk or roadway dining setups."

Over the past few months, several downtown bars and restaurants, including the Anyway Café, Caravan of Dreams, Hermana NYC, and Marshall Stack, moved their stages further indoors and away from their open windows. Groove just joined the trend this week. Café Wha? recently cut the size of its shed to allow for improved vehicular traffic, and so eliminated its outdoor performance space. The Waterfront Ale House is closing due to the landlord selling the building. Very few restaurants still present live music for outdoor diners.

Blueblack at Tompkins Square Park on October 9

Valence at Tompkins Square Park on October 9

In addition to restaurant gigs, local musicians sometimes turn to public spaces and play for tips. The city's Department of Parks and Recreation resumed the granting of permits to promoters who submit applications for performances in Tompkins Square Park and other public spaces. Numerous musicians are performing without permits as well. Increasingly, musicians are returning to the plazas in subway stations. The Manhattan Beat published an article, "Busking in NYC: What Is Legal and What Is Illegal?," detailing for musicians how to seek permits to perform legally in parks and subway stations.

Plastic Baby Jesus at Tompkins Square Park on October 9

Scott Stenten at Tompkins Square Park on October 11

Robert Leslie at Tompkins Square Park on October 12

Andrew Kalleen at Washington Square Park on October 17

Everything Will Be Okay at Washington Square Park on October 17

The Eric Paulin Quartet in Tompkins Square Park on October 21

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The Manhattan Beat covers New York City's live music developments as they happen. All photographs are by Everynight Charley Crespo, except when noted otherwise. For a list of Manhattan venues that are presenting live music regularly, swing the desktop cursor to the right and click on the pop-up tab "Where to Find Live Music." For a listing of upcoming concerts for live audiences, visit The Manhattan Beat's November 2021 calendar.