"This is not scientific," says Lafayette Public Works Director Tom Carroll. "It's really not set figures for any one property. It's just assuming there's a sidewalk here and it's been used for years so it's a public right of way."
However, the benign assumption has led one downtown restaurant to be cited as violating state law for obstructing a public passage. Of the nine restaurants that line Jefferson Street downtown, only Guamas, located near the corner of Jefferson and Vine streets, has al fresco tables that fall within the original public right of ways marked during Streetscape renovations. The law is only being applied to businesses that cross these lines, regardless of how much clearance space is left on the sidewalk. The Jefferson Street sidewalk is at its widest stretch in front of Guamas, whose sidewalk tables leave more pedestrian clearance room than most other downtown restaurants.
Lafayette police officers have already ticketed Guamas for violating a state law for obstructing public passages. They also warned the owners that they are in violation of another city ordinance for serving open glass containers on public property. Two weeks ago, Chief Administrative Officer Dee Stanley directed city attorney Pat Ottinger and Downtown Lafayette Unlimited Director Cathy Webre to visit Guamas owner Rubens Mesa and ask him to remove his tables following the conclusion of Festival International. "We thought that was the business-like thing to do," Stanley says. "It allowed this business to use those tables and thrive during festival."
Mesa agreed to remove the tables until city officials can develop a permitting process to allow restaurants to place tables outside on the public sidewalk. He packed his al fresco dining tables in a trailer last Thursday evening and hauled them off to a friend's house. (Mesa declined comment for this article.)
Police began taking note of downtown public property lines after discussion at a Lafayette City-Parish Council meeting in late March regarding downtown street vendor Faramarz "Frankie" Yaghobi, whose kitchen was forced off Jefferson Street after the council revised a city parking ordinance making it illegal to operate a business from a public parking space.
Fearing that Yaghobi was being singled out, councilmen Louis Benjamin and Chris Williams demanded that the law be enforced equally against all businesses downtown operating on public property.
"I think the council was concerned that we were putting one particular vendor out of business," Williams says. "The paradox is that we are allowing people to have businesses on the sidewalk but we have an ordinance that doesn't allow this one particular vendor [on the street]. We were targeting this one particular individual."
At that time, Stanley says discussions were under way within the police department about how to secure the escalating traffic downtown. After the council debate over Yaghobi, City Police Maj. Les Jones says the department took measurements to see which businesses were on public property, and warned both Guamas restaurant and 307 Downtown nightclub that their outdoor tables were within the public right of way. (Police also warned downtown businesses displaying sidewalk clothing racks.) On April 8, police officers ticketed Guamas for its sidewalk tables in an incident that led to the arrest of three individuals at Guamas, including owners Mesa and co-owner Julietta Tarazona. Mesa was charged with resisting arrest and battery of a police officer, and multiple eyewitnesses at the scene maintain Mesa's innocence and claim police used excessive force in apprehending the restaurant owner ("Fighting in the Streets," April 20).
The incident intensified the need for a clear set of regulations for downtown businesses and vendors. In an effort to clear the confusion, a task force of city officials appointed by City-Parish President Joey Durel is working on developing downtown sidewalk business permits. The group plans to base the ordinance on regulations in Shreveport and Baton Rouge, as well as Asheville, N.C., which permits downtown businesses for sidewalk dining, merchandising and pushcart vendors. The task force is uncertain whether the ordinance will cover motorized vendors such as Yaghobi, who has moved his business onto a private lot just off Jefferson Street.
Asheville's ordinance provides all outdoor dining leave a minimum 6-foot clearance on a public sidewalk for pedestrian traffic. The ordinance also sets a $175 annual fee for restaurants to have a 30 square-foot area for sidewalk tables in its downtown district, with more expensive permits required for additional space.
The task force is still unclear whether Guamas will be the only existing restaurant that will need a new permit.
Downtown Lafayette Unlimited board president Rob Robison, who is working with the city in developing permits for outdoor dining downtown, says he thinks the permits should apply to all sidewalk restaurants, regardless of the current right of way lines.
"It doesn't seem fair," Robison says of Guamas' situation. He favors permits for all restaurants whose tables fall on publicly maintained property.
"It's beginning to look like you will [need a permit] if you're on the bricks, if you're on the sidewalk."
While the city continues to grapple with how to permit Guamas' tables, downtown restaurants such as Zeus CafÃ©, Mello Joy, and Chris' continue to attract business with their al fresco tables. All these restaurants are operating on their own private property ' beyond where the apparent public right of way ends.
Robison, who has seen downtown Lafayette boom since he started Jefferson Street Market nine years ago, sees the debate over sidewalk tables as the latest crash course in the city's continuing education on managing a vibrant downtown business and entertainment district. "It's kind of like a little town," he says. "We've been trying to catch up for a long time as people come in, and develop some sort of policy for all this."
The circumstances surrounding the death last March while in the backseat of a sheriff’s cruiser of Victor White III, long a source of dispute by White’s family, have earned an investigation by federal officials.
With six of the LPSB’s nine members poised for Pat Cooper’s termination, a request was filed Tuesday for a fast-tracked hearing on the federal lawsuit calling for the disqualification of two board members from voting on the matter due to bias.
Louisiana's Republican Party has filed a complaint against Democratic U.S. Sen. Mary Landrieu with the Senate's ethics committee about her use of private chartered planes.
An attorney signs up to run against LPSB's Mark Cockerham, and within a week a lawsuit is filed by a former LPSS employee in an attempt to disqualify him. Coincidence?
The Ragin’ Cajuns got off to a superb start Saturday night, and the Human Jukebox made the soaked season opener even sweeter for the third-largest crowd in Cajun Field history.
The Louisiana health department will follow a federal judge's order and refrain from immediately penalizing doctors who are trying to comply with a new abortion law that requires them to obtain admitting privileges at a local hospital, a spokeswoman said Monday.
While bogged down with qualifying candidates last month, Secretary of State Tom Schedler didn’t lose sight of the true endgame coming in November and December.
Tuesday's Blogs from the Bog!
Stoned driving a concern when pot is legal; Detroit's bankruptcy trial; speed trap scandal in Florida and more national and international news for Tuesday, September 02, 2014.
A federal jury found attorney Daniel Stanford guilty Friday afternoon on eight of 13 counts for his role in the Curious Goods conspiracy.
Lafayette City-Court Judge Francie Bouillion has served on the bench for two decades since winning a special election to replace Judge Kaliste Saloom when he retired in 1994.
The magazine's senior football writer also predicts a break-out year for Saints fourth-year running back Mark Ingram.
Gulf Coast ceremonies marking the ninth anniversary of Hurricane Katrina have begun.
The Louisiana Department of Wildlife and Fisheries says there is little known about the effects of tiger prawns on indigenous Louisiana shrimp. But, officials say the reports they're seeking will help state biologists monitor the distribution of the prawns and determine the possible presence of spawning populations.
Baltimore Ravens coach John Harbaugh rested his regulars and watched with delight as Ray Rice's backups ground out 214 yards rushing in a 22-13 victory over the New Orleans Saints on Thursday night.
High-profile criminal defense attorney Daniel Stanford awaits his fate in the Curious Goods conspiracy trial.
The Louisiana Department of Wildlife and Fisheries is set to put the kibosh on the legal ownership of monkeys trained to help the disabled, and the agency wants to know what you think.
A federal judge on Thursday asked lawyers battling over Louisiana's new, restrictive abortion law for an agreement that apparently could let clinics stay open — at least for a while — after the law takes effect Sept. 1.
An abortion rights organization wants a federal judge to block enforcement of Louisiana's new abortion law while its lawsuit to overturn the law makes its way through court.
Republican presidential prospects Ted Cruz and Bobby Jindal are planning to speak at an Iowa Christian conservative event in September.
The attention surrounding Victor White III has spiked with the release of last week’s autopsy report, which has raised a number of serious questions about the night of his death and has put the Iberia Parish Sheriff’s Office under an increased wave of scrutiny as more national media outlets are jumping on the story, most recently seen on MSNBC's The Rachel Maddow Show.
A group supporting taxpayer-funded private school tuition vouchers is appealing a federal judge's order that Louisiana must provide regular reports to federal officials on the state's voucher program.
The Discovery Channel has canceled reality TV star Will Hayden's popular "Sons of Guns" show after his arrest on an aggravated rape charge.
The LPSB will finally hear from the attorney it hired to investigate the superintendent at a special meeting Thursday at 4 p.m.
Authorities are investigating a report that a student there warned the principal of impending violence similar to that depicted in the movie "The Purge."