The problem, though is that there are allowances for many other uses of the public sidewalk (for example, a restaurant having outdoor seating, or a store having coin-operated kids rides). It's just that there's no specific process for this product, and they speculate that it would be impossible to allow doghouses without changing the law.
Yup. In NYC these things are handled by license (for cafes, restaurants) and consent (for rides), and both come with strict planning guidance to protect the right of way for pedestrians.
The UK is almost identical except you need permission from the local council (for planning) and highways consent from national government.
Either which way, I think it's pretty naïe of somebody to think they're not going to need permission of some sort to [semi-]permanently occupy a public highway.
Did you read the article? She was working with the mayor's office, and even contacted the DOT to obtain licenses. They just refused and ordered them removed anyway, since the law literally doesn't allow for issuing of licenses for this type of product.
> She [...] even contacted the DOT to obtain licenses
Retroactively, after she'd installed at (at least) 28 locations.
I get that some people work like that (better to ask for forgiveness, etc) but that just doesn't fly in bureaucracies. File your applications, then do what you've permission to do.
I do think they could have been a little more generous with scope to try and find a path through (granted we're only hearing half of one side of this) but I could see how this would need a better thought out process, given that this sits somewhere between a life support pod and a toilet.
City planning is tough. You have to have answers to tough questions, ahead of time. Questions like "what happens if the power goes out?" and "how do we clean around it?" and "what are the hazards of fluids leaking out of it?". Charging ahead without getting all parties on side is not a good way to get permission.
This kind of thing absolutely flys in bureaucracy. I guarantee your local bodega either doesn't have a sidewalk license (if they have stuff on the sidewalk of course) or only got it when the city cited them and forced their hand.
And as I said before, she thought she had permission. The government was literally funding and endorsing the project. It's just that not the right part of the government was involved, which is the classic example of excessive red tape.
There’s a difference between performing a licensed activity without a license, and performing an activity that’s not licenseable.
As to the red tape argument, you’re sort of implying that every niche of a massive bureaucracy ought to be familiar with every other niche. That’s simply impossible at scale.
The prescribed nature of permits means they know exactly what they have to factor into their planning decisions. It means vending machines and coin operated rides all meet certain specs, and that allows for speedy turnaround.
Open it up and you have to spend extra time classifying what you're allowing for before you can decide if it's allowable.
