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Question 1 passes: the Council loses its sidewalk cafe veto on March 1. Here is how members used it this year

Voters approved the public space permit measure 63.4% to 36.6% in unofficial results. This year the Council called up seven cafe applications and rejected one. Three cafe bills are still in committee.

By NYC Politics staffUpdated

Council Member Shanel Thomas-Henry (District 21), who called up the one cafe application the Council rejected this year
Council Member Shanel Thomas-Henry (District 21), who called up the one cafe application the Council rejected this yearNew York City Council

Question 1, which changes how the city grants permission to use sidewalks and streets for things like outdoor dining, ramps and planters, passed with 63.4% of the vote. The count was 1,099,934 yes to 635,474 no as of 12:42 a.m. Wednesday, Nov. 4, according to the Board of Elections' unofficial results. Absentee and affidavit ballots are still to be counted.

Why it matters to residents: if you live near a restaurant that wants a sidewalk cafe, the City Council will no longer be able to step in and reject it. Under the measure, the sidewalk and roadway dining applications are combined, the mandatory public hearing is dropped, and the Council's power to disapprove individual sidewalk cafe applications ends, according to amNY's guide. Community boards, borough presidents and the local Council member will generally still get at least 15 days' notice to comment. The change takes effect March 1, 2027, and does not apply to applications filed before then, amNY reported.

Critics of the measure included Common Cause New York, amNY reported.

Where it passed

Yes won in four boroughs, according to the Board of Elections' borough breakdown: Manhattan 69.5%, the Bronx 67.6%, Brooklyn 64.2% and Queens 60.0%. Staten Island voted no, with 42.8% yes.

What our records add

How the veto worked this year. A sidewalk cafe application goes to the Transportation Department. A Council member can "call it up" for review through a Mayor's Message, and the Land Use Committee then recommends approving or rejecting it. Our records show seven call-ups in 2026:

The rejection came Sept. 24, when the full Council voted 46-0 to disapprove. At the zoning subcommittee that day, Thomas-Henry said she did not believe the cafe could operate in a way that respected the surrounding community. Under Question 1, a call-up like hers is no longer possible once the new rules take effect.

The Council changed cafe rules by law this year, too. Three cafe bills became law after being returned unsigned by the mayor on Sept. 14: Int. 894 from Gale A. Brewer, on winter enclosures; Int. 917 from Justin E. Sanchez, on sanitation rules; and Int. 918 from Thomas-Henry, letting operators pay their fees in quarterly installments.

Three more cafe bills are waiting. Question 1 changes who approves a cafe. It doesn't stop the Council from writing the rules cafes must follow. All three bills are in the Transportation and Infrastructure Committee:

  • Int. 724, from Elsie Encarnación, on clear-path requirements for sidewalk cafes. It has waited 239 days since March 10 without a hearing.
  • Int. 865, from Harvey D. Epstein, on the minimum distance between a building entrance and a sidewalk cafe. It has waited 188 days since April 30.
  • Int. 1092, from Sanchez, a pilot to waive cafe license fees in certain districts. It was introduced Sept. 24.

Our earlier look at the Comptroller's dining permit audit covers how long applicants have waited for permits.

What's next

Until March 1, 2027, the current process stays in place, including Council call-ups. After that, the Transportation Department will run the combined dining permit under the new charter rules. The Board of Elections will certify results after the remaining ballots are counted. For the other four questions, see our results overview.