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| N.Y.C. Enters Phase 4, but Restaurants and Bars Are Left Behind | N.Y.C. Enters Phase 4, but Restaurants and Bars Are Left Behind |
| (31 minutes later) | |
| For the 25,000 restaurants and bars in New York City, Monday was supposed to be a day of celebration — the turning point when the city would enter Phase 4, the final phase of reopening after the coronavirus outbreak. | For the 25,000 restaurants and bars in New York City, Monday was supposed to be a day of celebration — the turning point when the city would enter Phase 4, the final phase of reopening after the coronavirus outbreak. |
| Instead, the start of Phase 4 marks a roadblock on New Yorkers’ path to normalcy and serves as another reminder that the city, once the national center of the virus, is still subject to more restrictions than the rest of the state, even though it has flattened the curve. | Instead, the start of Phase 4 marks a roadblock on New Yorkers’ path to normalcy and serves as another reminder that the city, once the national center of the virus, is still subject to more restrictions than the rest of the state, even though it has flattened the curve. |
| On Friday, Gov. Andrew M. Cuomo and Mayor Bill de Blasio announced that New York City would enter Phase 4 — with caveats. Zoos and botanical gardens could open, but museums and indoor dining, permitted elsewhere in the state with limitations, would still be banned. | On Friday, Gov. Andrew M. Cuomo and Mayor Bill de Blasio announced that New York City would enter Phase 4 — with caveats. Zoos and botanical gardens could open, but museums and indoor dining, permitted elsewhere in the state with limitations, would still be banned. |
| A day earlier, Governor Cuomo said that in New York City, bars and restaurants would be subject to a special “Three Strikes and You’re Closed” regimen: If they overlooked violations of social-distancing rules or allowed customers to drink without ordering food, they could lose their liquor licenses after three violations. | A day earlier, Governor Cuomo said that in New York City, bars and restaurants would be subject to a special “Three Strikes and You’re Closed” regimen: If they overlooked violations of social-distancing rules or allowed customers to drink without ordering food, they could lose their liquor licenses after three violations. |
| The governor also announced that restaurants and bars across the state would be barred from selling alcohol unless drinks were accompanied by a “food item,” a term whose definition has been hotly contested. | The governor also announced that restaurants and bars across the state would be barred from selling alcohol unless drinks were accompanied by a “food item,” a term whose definition has been hotly contested. |
| Both state and city officials have said that, while they are eager to reopen widely, they also fear that the virus could seep back into the region from Sun Belt states that are experiencing huge surges in coronavirus cases. In states like Florida and Texas, indoor bars and restaurants have fueled the spread of the disease. | Both state and city officials have said that, while they are eager to reopen widely, they also fear that the virus could seep back into the region from Sun Belt states that are experiencing huge surges in coronavirus cases. In states like Florida and Texas, indoor bars and restaurants have fueled the spread of the disease. |
| “I feel like we’re standing on a beach and we’re looking out at the sea and we see the second wave building in the distance,” Mr. Cuomo said on Friday. | “I feel like we’re standing on a beach and we’re looking out at the sea and we see the second wave building in the distance,” Mr. Cuomo said on Friday. |
| So instead of a festive atmosphere over the weekend, bars and restaurants were grappling with new, confusing limitations, and had no clear picture of when their economic outlook might brighten. | So instead of a festive atmosphere over the weekend, bars and restaurants were grappling with new, confusing limitations, and had no clear picture of when their economic outlook might brighten. |
| One bar suddenly listed grilled cheese on its menu. Another made orders of hot dogs compulsory. | One bar suddenly listed grilled cheese on its menu. Another made orders of hot dogs compulsory. |
| At Angry Wade’s in Carroll Gardens, Brooklyn, the owner, Wade Hagenbart, said he had made it clear to staff and customers that “it’s mandatory that you have to buy food with a drink.” He said the bar was now doing a $3-an-item tapas-style menu along with its fried foods and pizza. | At Angry Wade’s in Carroll Gardens, Brooklyn, the owner, Wade Hagenbart, said he had made it clear to staff and customers that “it’s mandatory that you have to buy food with a drink.” He said the bar was now doing a $3-an-item tapas-style menu along with its fried foods and pizza. |
| “I had a good customer storm off today because he didn’t want to buy any food,” Mr. Hagenbart said on Sunday. “Well, too bad. We have no choice.” | “I had a good customer storm off today because he didn’t want to buy any food,” Mr. Hagenbart said on Sunday. “Well, too bad. We have no choice.” |
| The governor said the new restrictions were necessary because city revelers needed to be reined in. Since outdoor dining was allowed to resume on June 22, he said on Thursday, state inspectors had found “significant evidence of failure to comply.” | The governor said the new restrictions were necessary because city revelers needed to be reined in. Since outdoor dining was allowed to resume on June 22, he said on Thursday, state inspectors had found “significant evidence of failure to comply.” |
| “It’s wrong. It’s dangerous. It’s selfish. It’s unacceptable,” he said. “It’s also illegal.” | “It’s wrong. It’s dangerous. It’s selfish. It’s unacceptable,” he said. “It’s also illegal.” |
| But for bar and restaurant owners, confusion and desperation are the orders of the day. Among other things, they don’t understand how the Cuomo administration can single out New York City for these measures, without providing data to support its assertion that the city has more social-distancing problems than the rest of the state. | But for bar and restaurant owners, confusion and desperation are the orders of the day. Among other things, they don’t understand how the Cuomo administration can single out New York City for these measures, without providing data to support its assertion that the city has more social-distancing problems than the rest of the state. |
| “The rest of New York State is reopened, and that was based on a phased-in process where certain metrics have to be met,” said Andrew Rigie, the executive director of the New York City Hospitality Alliance. “But now we’re in no man’s land. No one knows when we’re going to be able to reopen and what the metrics are that must be met. It’s very unfair.” | “The rest of New York State is reopened, and that was based on a phased-in process where certain metrics have to be met,” said Andrew Rigie, the executive director of the New York City Hospitality Alliance. “But now we’re in no man’s land. No one knows when we’re going to be able to reopen and what the metrics are that must be met. It’s very unfair.” |
| A spokesman for the governor, Jack Sterne, countered that State Liquor Authority investigators had found that nearly 10 percent of downstate establishments were not in compliance with the pandemic regulations. | A spokesman for the governor, Jack Sterne, countered that State Liquor Authority investigators had found that nearly 10 percent of downstate establishments were not in compliance with the pandemic regulations. |
| He said the number of complaints about city establishments to the state’s task force on bars and restaurants jumped 13 percent after the resumption of outdoor dining. He was unable to immediately provide any comparative data about other regions of the state. | He said the number of complaints about city establishments to the state’s task force on bars and restaurants jumped 13 percent after the resumption of outdoor dining. He was unable to immediately provide any comparative data about other regions of the state. |
| The scene on Steinway Street in Astoria, Queens, over the weekend, where maskless revelers converted the commercial strip into a de facto dance club, seemed to prove the governor’s point that some New York City residents were ignoring the pandemic restrictions. | The scene on Steinway Street in Astoria, Queens, over the weekend, where maskless revelers converted the commercial strip into a de facto dance club, seemed to prove the governor’s point that some New York City residents were ignoring the pandemic restrictions. |
| On Monday, Mr. Cuomo said that if such congregations outside bars and restaurants continue, and local governments and law enforcement don’t enforce the social distancing rules, he may “have to roll back the opening plan, and we’re going to have to close bars and restaurants.” | On Monday, Mr. Cuomo said that if such congregations outside bars and restaurants continue, and local governments and law enforcement don’t enforce the social distancing rules, he may “have to roll back the opening plan, and we’re going to have to close bars and restaurants.” |
| Mayor de Blasio, who often clashes with the governor, was on the same page when it came to the Steinway crowds. | Mayor de Blasio, who often clashes with the governor, was on the same page when it came to the Steinway crowds. |
| “Party’s over,” Mr. de Blasio said on Twitter on Sunday night. “Dedicated sheriff patrols will be on Steinway until further notice. They’ll enforce closing times, issue summonses and work with the N.Y.P.D. to keep the roadways clear. We haven’t beaten COVID-19 yet. We can’t let up now.” | “Party’s over,” Mr. de Blasio said on Twitter on Sunday night. “Dedicated sheriff patrols will be on Steinway until further notice. They’ll enforce closing times, issue summonses and work with the N.Y.P.D. to keep the roadways clear. We haven’t beaten COVID-19 yet. We can’t let up now.” |
| Michael Gianaris, the state senator for the district, said people were eager to get back to normal and were ignoring the reality that the virus was still a threat. | Michael Gianaris, the state senator for the district, said people were eager to get back to normal and were ignoring the reality that the virus was still a threat. |
| “I think people are frustrated after being cooped up for months and are anxious to be out,” he said. “Younger people who feel they are invincible to the virus need to realize that, first of all, they’re not, but second of all, they’re putting everyone around them in danger. It needs to stop.” | “I think people are frustrated after being cooped up for months and are anxious to be out,” he said. “Younger people who feel they are invincible to the virus need to realize that, first of all, they’re not, but second of all, they’re putting everyone around them in danger. It needs to stop.” |
| Updated August 4, 2020 | |
| Businesses have accepted social-distancing restrictions, Mr. Rigie said, but fail to grasp how the governor’s latest decree requiring the sale of food with alcohol will protect New Yorkers. | Businesses have accepted social-distancing restrictions, Mr. Rigie said, but fail to grasp how the governor’s latest decree requiring the sale of food with alcohol will protect New Yorkers. |
| “How does having an order of wings with a beer make you safer from Covid-19 than just having a beer alone?” he asked. “But then you can have multiple beers with that order of wings and that’s OK? We’re just asking for thoughtful, clear requirements that protect public health and safety and that businesses can rely on and understand.” | “How does having an order of wings with a beer make you safer from Covid-19 than just having a beer alone?” he asked. “But then you can have multiple beers with that order of wings and that’s OK? We’re just asking for thoughtful, clear requirements that protect public health and safety and that businesses can rely on and understand.” |
| Part of the confusion seems rooted in the peculiarities of enforcement. | Part of the confusion seems rooted in the peculiarities of enforcement. |
| A spokesman for the governor said localities are primarily responsible for enforcing the governor’s executive orders. So it’s up to City Hall to determine what constitutes “food” at New York City bars. | A spokesman for the governor said localities are primarily responsible for enforcing the governor’s executive orders. So it’s up to City Hall to determine what constitutes “food” at New York City bars. |
| A City Hall spokesman said that a bag of chips probably would not suffice. But an adviser to the governor recently told The New York Post that, in fact, the $1 “Cuomo Chips” now available at the Harvey’s Irish Pub in Saratoga Springs would qualify, assuming the person eating them was seated. | A City Hall spokesman said that a bag of chips probably would not suffice. But an adviser to the governor recently told The New York Post that, in fact, the $1 “Cuomo Chips” now available at the Harvey’s Irish Pub in Saratoga Springs would qualify, assuming the person eating them was seated. |
| Struggling restaurant owners weren’t the only ones grappling with the ever-changing regulatory landscape. The governor’s decision to exclude New York City museums from Phase 4 pained museum operators, including at the Tenement Museum on the Lower East Side. A museum spokeswoman, Jamie Salen, said its exclusion from Phase 4 “will have a significant impact” on its finances. | Struggling restaurant owners weren’t the only ones grappling with the ever-changing regulatory landscape. The governor’s decision to exclude New York City museums from Phase 4 pained museum operators, including at the Tenement Museum on the Lower East Side. A museum spokeswoman, Jamie Salen, said its exclusion from Phase 4 “will have a significant impact” on its finances. |
| “How do we do our best to make sure the institution itself survives, long-term?” she asked. | “How do we do our best to make sure the institution itself survives, long-term?” she asked. |
| Mr. Sterne said the upstate-downstate museum disparity was a simple function of density. | Mr. Sterne said the upstate-downstate museum disparity was a simple function of density. |
| “Because New York City was the hardest-hit hot spot in the country and is one of the most dense areas in the United States — everything that happens in New York City is amplified exponentially compared to upstate,” he said. | “Because New York City was the hardest-hit hot spot in the country and is one of the most dense areas in the United States — everything that happens in New York City is amplified exponentially compared to upstate,” he said. |
| In another sign of pandemic tempers fraying, Marco Guanilo, an Upper West Side gym owner who is party to a suit challenging Mr. Cuomo’s refusal to allow gyms to reopen, recoiled when he saw a video on Instagram of the governor’s sister-in-law, Cristina Cuomo, doing unmasked yoga with a friend who was also unmasked at a high-end shoe store in the Hamptons. | In another sign of pandemic tempers fraying, Marco Guanilo, an Upper West Side gym owner who is party to a suit challenging Mr. Cuomo’s refusal to allow gyms to reopen, recoiled when he saw a video on Instagram of the governor’s sister-in-law, Cristina Cuomo, doing unmasked yoga with a friend who was also unmasked at a high-end shoe store in the Hamptons. |
| “Your health and wellness magazine feeds off of the gym industry and we are all slowly suffocating to death,” Mr. Guanilo responded on Instagram, in a contretemps first reported by Page Six. “Please use your power and direct line to the governor to advocate for small gyms or else we will not be able to support our families as well as help those in our communities.” | “Your health and wellness magazine feeds off of the gym industry and we are all slowly suffocating to death,” Mr. Guanilo responded on Instagram, in a contretemps first reported by Page Six. “Please use your power and direct line to the governor to advocate for small gyms or else we will not be able to support our families as well as help those in our communities.” |
| In an interview, Mr. Guanilo said Mr. Cuomo has done a good job beating back the virus. But he said his family’s livelihood and his ability to support his 20-month-old daughter are at stake. | In an interview, Mr. Guanilo said Mr. Cuomo has done a good job beating back the virus. But he said his family’s livelihood and his ability to support his 20-month-old daughter are at stake. |
| “We have been burning through our savings which we were hoping to use to buy a home,” he said. “It’s become a debate on when to cut our losses before we lose everything in the bank and have no home to show for it.” | “We have been burning through our savings which we were hoping to use to buy a home,” he said. “It’s become a debate on when to cut our losses before we lose everything in the bank and have no home to show for it.” |
| Paul O’Sullivan, the co-owner of One and One, a bar in the East Village, said he had spent more than $9,000 to meet city and state guidelines. | Paul O’Sullivan, the co-owner of One and One, a bar in the East Village, said he had spent more than $9,000 to meet city and state guidelines. |
| “We do understand the rules, and like I said, we are trying,” he said in a text. “I’m concerned if more restrictions are put on us, I’ll just close and that’ll be it. I’m really only open to support staff and pay overheads. I know I won’t see a dime for a very long time.” | “We do understand the rules, and like I said, we are trying,” he said in a text. “I’m concerned if more restrictions are put on us, I’ll just close and that’ll be it. I’m really only open to support staff and pay overheads. I know I won’t see a dime for a very long time.” |