NYC allows outdoor diners to use indoor bathrooms, reversing guidance after uproar

"This is not human!!!!!," reads one social media post.

Published: December 18, 2020 11:43am

Updated: December 18, 2020 4:50pm

Diners in New York City – who are still allowed to eat at restaurants as long as they sit in the snow – can no longer use the indoor bathrooms. At least that's what the rule said at first.

On Thursday night, the administration of Democratic Gov. Andrew Cuomo enacted new rules.

The initial guidance, released publicly by Kapil Longani, counsel to Mayor Bill de Blasio, stated that "customers are not allowed to enter the inside of a State Liquor Authority-licensed establishment for any reason while the guidance is in effect," The New York Post reported.

But that "guidance" wasn't very clear.

“If my SLA-licensed establishment is offering outdoor dining, may I allow customers to use the bathroom inside?” reads one of the questions on the document. 

"No,” the reply states. "Customers may not enter the inside of the establishment for any reason."

So where are they supposed to "go"? 

"The NYSLA new guidance for indoor dining states that customers may not enter the restaurant to use the restroom!!!," read a post on the Instagram page of Il Posto Accanto, on the Lower East Side. “Please Contact Governor Cuomo and all of our elected officials….This is not human!!!!!”

Another social media post reads: "Ludicrous! Eat outside in the cold and nowhere to go pee? I mean there is just so much we can ask of our guests."

Andrew Rigie, executive director of the New York City Hospitality Alliance, ripped the new rule. 

"The new guidance issued by NYS and shared by NYC on the indoor dining shutdown is another example of why restaurants and bars feel like government is purposely kicking them in the gut and then stopping on their hand when they’re already down. This is absurd and must be fixed ASAP," he tweeted.

But the Post reported that "Rigie confirmed to the Post on Friday morning that the guidance was changed by the State Liquor Authority overnight, albeit very quietly and buried in a question and answer section."

“Customers can now use the bathroom and can enter through the interior to get to a backyard etc.,” he said. “We’re working on addressing issues.”

The update appeared on the State Liquor Authority website. "I am a licensee with on premises service privileges and restricted from permitting indoor dining, may patrons use the restrooms?” one question says.

"Yes, restrooms may of course be used," the reply says. "Patrons must wear face coverings, and may not linger or form lines, which would be noncompliant interior use."

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