![]() CIVITAS recently sent DOT a list, compiled with the aid of CIVITAS member William Marquardt and interns, that specified 162 locations between 59th Street and 96th Street from Fifth to York Avenues where newsracks were in violation of the law. At best, it responds laconically to complaints from the public. CIVITAS disagrees with this assessment, and the courts have upheld a city’s right to regulate their public sidewalks for the public’s safety and aesthetic reasons.ĭOT has adopted a passive stance towards enforcement. City officials typically say that the First Amendment ties their hands. The regulations permit newsracks subject only to registration with DOT (a prerequisite that many vendors do not bother with) and compliance with certain design and location standards (which, experience shows, are honored primarily in the breach). must all go through a permitting process or must obtain revocable consents from DOT before they can be placed on our sidewalks. Planters, bollards, newsstands, bus shelters, benches, trash receptacles, phone booths, etc. These public necessities are carefully regulated by DOT and other public agencies. Many essential items vie for space on our sidewalks. Sidewalks should be kept free of unnecessary clutter and should allow for easy and pleasant pedestrian flow. This public space deserves more attentive guardianship. Streets and sidewalks occupy one quarter of all the public acreage in the City, more than all our parks put together.
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