A man wearing a mask walks along an empty path in Central Park During the COVID-19 pandemic. Photo: Ryland West
Mayor Bill de Blasio and Gov. Andrew Cuomo can thank Mother Nature for a cold spring. But New York City and other municipalities in the state will face a challenge in late spring and summer in regulating open spaces. Space-starved New Yorkers are not accustomed to restraints on their use of crowded sidewalks and parks (including beaches) and ongoing limits are not likely to be well-received. This article assesses the options for the state and City (or any municipality) to limit uses of outdoor public spaces in response to the COVID-19 pandemic and proposes a concept that is more likely to be sustainable and defensible in court.
Parks Are Currently Open
New York City and the Department of Parks & Recreation deserve great credit for keeping parks open in the face of the pandemic, in contrast to the closures in other cities, states and nations. As this article went to press, city parks (including beaches and marinas) are open but closures apply to playgrounds, sports facilities, dog runs, historic houses, nature centers and most food and amusement concessions. The Department “requires” social distancing in all cases—more on that below. New York state and the Office of Parks, Recreation and Historic Preservation have applied similar rules to state parks. These closures leave parks mostly open and based on anecdotal accounts, far more crowded than usual.
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