New York City has been hit with a class action lawsuit seeking to overturn its newly permanent outdoor dining program, with petitioners claiming the popular al fresco eateries are an unconstitutional nuisance.
The suit, filed against the city in Manhattan Supreme Court on Monday by 30 New York City residents, claims the recently-enacted permanent outdoor dining program — which replaced the temporary, emergency-authorized program that began during the COVID-19 pandemic — is illegal for not having been subject to a full environmental impact review and public comment.
