NEW YORK (WCBS 880) -- New York state has updated its newly released guidelines for outdoor dining to clarify the rules around bathroom usage.
New York City officials said the initial guidance prohibited customers from being able to go inside to use a restaurant’s bathroom.
“Customers may not enter the inside of the establishment for any reason,” the guidance, which has since been amended, stated.
After a harsh response on social media, Mayor Bill de Blasio's spokesperson Avery Cohen tweeted that the city had discussed the issue with the state and that customers will be able to use the bathrooms inside restaurants.
Gov. Andrew Cuomo addressed the issue at his briefing Friday saying, “I don’t know the specifics, but there was never an intention to tell diners that you can’t use a restroom. That was never the intention of a state regulation. I don’t have any more specifics before that. I know the question came up. I know it was clarified as soon as we heard about it.”
Secretary to the governor Melissa DeRosa provided further clarification on the situation and she indicated the city may have misinterpreted the guidance.
“The State Liquor Authority had previously done an FAQ when we instated the 10 p.m. curfew. So what happened was when they did the indoor dining restriction in New York City, they used some of the same language from that and in that language it said, 'No one is allowed inside after 10 o'clock,'" she said.
"We thought it was common sense that when you said 'no one’s allowed inside,' obviously that’s for dining purposes and not for the purposes of the bathroom," De Rosa added. "The city issued what they issued yesterday without consulting us or asking for clarification, and then obviously we saw the news reports, and as soon as we did, the head of the SLA, Vince Bradley, this morning put out a clarifying statement and we made it extra clear online in the FAQ that of course that was not talking about customers using the bathrooms."
Bradley issued his own statement saying, “This is common sense: of course outdoor dining patrons can use a restaurant’s bathroom as long as they wear a face covering. That always has been and will continue to be allowed. Our goal here is simple — allowing restaurants and bars to continue operating in a safe manner that protects public health, and we will continue to support the industry through these trying times while keeping New Yorkers safe.”
The FAQ on the SLA website now states, "Patrons should not enter the interior of a licensed establishment for any reason apart from use of restrooms and transit to an outdoor licensed space while this guidance is in effect."
Hospitality Alliance Director Andrew Rigie said it’s a welcome relief for struggling restaurants.
“This is actually a relief for restaurants and customers that they can now go inside with a mask on and use the restroom,” Rigie said.
He called the initial rule on bathrooms ludicrous and not based in science.
“People are going into other shops and grocery stores and walking around using their restrooms. It makes no sense at all,” Rigie said.
With a ban on indoor dining, the new state guidelines will require some restaurants to modify their outdoor dining structures so two sides are open to allow airflow. The tarp and plastic sheeting that many restaurants use to winterize their structures must come down.