Stu Bykofsky: Tables, merchandise taking the walk out of sidewalks

THEY'RE A HAZARD for people on crutches or in wheelchairs, they defy the rule that pedestrians have the right of way - and more than just a few are illegal.

I'm talking sidewalk cafes - when they grab more of the sidewalk than they are entitled to.

Walk around hipster Old City, dowager Rittenhouse Square, shop-till-you-drop Walnut Street and you'll find the pedestrian right-of-way often eaten into by tables spread over the sidewalk. Pedestrians are forced into broken-field running to circumnavigate the tables, or walking single file because there isn't room for two abreast.

According to the Philadelphia Code, on streets with a sidewalk width of 13 feet or less, "five feet of clear sidewalk space" must be maintained. That means no obstructions such as parking meters, trees, poles, fire hydrants between the edge of chairs, umbrellas, railing or tables and the curb. On sidewalks greater than 13 feet wide, "at least one-half" of the sidewalk must be maintained for pedestrians. Sidewalk cafes are banned within 15 feet of a bus stop.

East side, west side, all around the town, a brief stroll will reveal that the law is being ignored - from Parc on 18th Street to Fado on Locust to Pizzicato on Market - even the Uhuru furniture store on Spruce.

Is the law being enforced (the job of the Streets Department)?

Barely. Seventeen tickets ($75 a pop) were written last year, 20 so far this year. That's just minimal, when anyone can see 20 violations a day. After I started asking questions about sidewalk encroachment, Streets put out a news-release "reminder" for businesses to obey the rules.

Reminder? Does the Philadelphia Parking Authority give reminders? Does the Health Department? L&I? How about writing some tickets? (Note to Mayor Nutter: Income goes to the city.)

Why is enforcement lacking? "There are no dedicated sidewalk-cafe inspectors, but there are six 'right-of-way' inspectors" whose duties include sidewalk inspections, says Streets spokeswoman Keisha McCarty-Skelton.

The sidewalks would be just as colorful - and safer and more pleasant - if restaurants followed the rules, but encroachment is just another example of Philadelphians doing their own thing, breaking the law without regard for the rights, comfort and safety of others.

Like red-light runners, like sidewalk-bike riders, like motorists yakking on hand-held cell phones, it's all about Me, Me, Me. I'm gonna do what I wanna do - and the hell with you.

E-mail stubyko@phillynews.com or call 215-854-5977. For recent columns:

http://go.philly.com/byko.