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Who owns the sidewalks?

by Roy Bercaw, Enough Room
© 2006 Roy Bercaw

What do we really know about our sidewalks? Wandering along them and wondering about them....

On Wednesday August 14, when I left the Cambridge Public library just before 9:00 PM I heard a loud voice calling out. I thought it was a woman from one of the houses on Broadway across the street. It turned out that there was a parrot sitting on the open window of a blue van parked outside of the library. It said loudly "Hey asshole."

Then it said "Hello."

It also said, "Hiya."

I tried to figure out what to say so that it would respond. When I said "Hello" it said, "How are you?"

Then it would watch whoever was near and say "Hiya" or "Hello."Then "How are you?" When I tired of this and the owner did not appear, I began walking away. The parrot said, "Bye." After a pause he or she again said, "Bye."

I should have known then it would be a weird night.

The sidewalks of Central Square

When I arrived at Mass Avenue, I noticed several police officers standing near the bus stop at Mass Ave. and Pearl Street. The prisoner transport vehicle (PTV) was there with four uniformed officers and four plainclothes officers. A white male about 45 years old was sitting on one of the concrete blocks at the bus stop surrounded by police.

After about five minutes they placed the man into the PTV and drove away. One of the detectives’ cars was blocking the number 47 bus from turning onto Pearl Street. The officers spoke amongst themselves then they left.

I noticed two motorcycle officers standing in front of the Tavern Restaurant, talking with another 45 years old white male. Their motorcycles were parked on the sidewalk across Mass Avenue. The man carried a half-gallon milk container that was about one fourth full of milk. He took a swig every minute or so.

I did not see what caused the police to question him. After about three minutes, two of the detectives who were at Pearl Street less than ten minutes earlier appeared in their gray Crown Victoria. I heard the man say, "This is public property."

One of the officers said to the man, "Stay away from here. This is their property," referring to the owners of the Tavern, and the sidewalk in front of their business.

Recently the City Council reformed City ordinances to allow restaurants to serve alcoholic beverages on sidewalk tables in front of licensed establishments.

At the Tavern they created a bullpen with chairs and tables near the curb rather than adjacent to their building. This created a corridor for pedestrians on the sidewalk. On one side is the bar; on the other is their bullpen of tables.

One of the concerns expressed during the debate of this issue was that the City was providing public land for profit making ventures without any income to the city. There is a Superior Court Case pending challenging the City Manager's procedure alleging a violation of the Open Meetings Law.

Another concern was that the tables placed barriers on the public sidewalk, which hindered the right to travel especially of persons with disabilities. There was a disabled parking space where the Tavern's bullpen is located. The space was moved.

In the worst case that man questioned by police, was leaning into the bar and saying or making obscene gestures. Perhaps he was simply staring at some of the patrons. He may be one of the many persons who try to steal purses of outdoor cafe patrons.

The question is “Was he standing on public sidewalk?”

Are the Cambridge police trained properly to administer public land use in the city? Rather than protect the rights of citizens, the right to travel, are they giving land away to private parties who don’t own it?

Some of the patrons told me that there was another incident at that location where another man was arrested just before I arrived. He allegedly had a knife and attacked someone in an apartment above the Tavern.

While we discussed this, another incident brought the Fire Department’s paramedic truck, an ambulance and the PTV racing passed us on the way to Brookline Street. This was the fourth incident in less than one hour just around Central Square.

Who owns the sidewalks?

At the Temple Bar on Mass Avenue north of Shepard Street there is only four feet of sidewalk between the chairs and the light pole at that stretch of sidewalk. When patrons of the Temple Bar stand outside to smoke they block the sidewalk completely. It is necessary to ask for permission to be excused so that one may pass. Of course if you are riding a bike on the sidewalk you can just yell, “On your left,” and go crashing into the people.

On Thursday August 24, at about 10:20 PM I saw a couple walking along Mass Avenue. When they got to the Temple Bar they walked into the street because patrons standing on the sidewalk blocked their way. There were no cars parked there, so the couple did not have to walk in traffic lanes.

After they passed the Temple Bar they went back onto the sidewalk. When the permits were given for sidewalk dining were there any thoughts about the effect on pedestrian traffic at the location?

Bill Dwyer, Superintendent of Streets and Sidewalks, reports [email dated August 28, 2006], "I have spoken to the Owner of the Temple Bar and informed him of your concerns and reminded him that the outside seating permit is for seating. His response was apologetic and positive. He will keep an eye out as will we that this situation does not happen again. Thank you sharing your concern with us."

The use of sidewalk for dining and drinking is worse on Winthrop Street in Harvard Square where there is less than two feet of curb for pedestrians. Councilor Kelley suggested that the property owner owns the sidewalk and that the City has an easement. Cambridge attorney Bob LaTremouille thinks that the sidewalk is an extension of the street.