Despite Law, Stores Keep Pumping AC Out The Door

American Apparel, 109th and Broadway

Ever walk by a store that has its doors open and the air conditioning wafting out and think “there oughta be a law against that?” Well, there is a law. But apparently lots of stores on the Upper West Side either don’t know about it, or don’t care.

Responding to concerns about pollution and waste in a city that often seems on the verge of a blackout (or, you know, in the midst of a blackout), the City Council passed Local Law Number 38 last year prohibiting businesses from leaving their doors open when using air conditioning. Gale Brewer, the Upper West Side’s councilwoman, sponsored the bill after locals complained to her. This summer is the first since the law was enacted.

Nonetheless, a survey of neighborhood businesses this weekend indicated that maybe they didn’t get the memo. On Columbus Avenue between 72nd and 81st streets 14 businesses had propped their doors open. On Broadway between 90th and 100th streets, the doors were swung wide at 20 businesses.

Councilwoman Brewer said she’d noticed that businesses were flouting the law too.

“I’ve had some — I don’t want to say arguments — discussions about this with some store owners lately,” she said. “We’re very keen on getting this enforced and making this happen.”

Brewer said she plans to write to city agencies and urge them to conduct more enforcement.

Degree (no pun intended) matters when it comes to air conditioning and some stores were certainly worse offenders than others, pumping out enough frigid air to raise goose bumps on your arms. Others, including some smaller delis, appeared to be using little air conditioning, if they had it on at all.

At American Apparel on 109th and Broadway, the AC was goose-bump-worthy (the American Apparel store on 73rd and Broadway also likes to keep its doors open). A manager said she didn’t know about the law, and referred questions to a district office, which did not return a phone call.

Club Monaco, 69th and Columbus

At Club Monaco on 69th and Columbus, where the double-doors were open wide on Sunday, a manager said they keep the doors ajar to “make it more inviting for shoppers.” And at Ugg on 67th and Columbus, the manager said the doors were open to make it easier for strollers to get through. Corporate spokespeople at all of the stores didn’t respond to requests or comment.

Ugg, 67th and Columbus

Apparel stores in general seemed to be the worst offenders, though the door was open at a Subway sandwich shop on 94th with the air conditioning pumping.

Stores get a warning the first time they are caught. If they violate the law again within 18 months, they have to pay a $200 fine.

It’s unclear whether these stores were doing anything illegal. Many likely weren’t, because the law is pretty specific: a store must be at least 4,000 square feet or be part of a chain of at least 5 stores to be cited. And restaurants with outdoor seating are exempt. Brewer said she doesn’t like the loopholes but had to include them to get a sign-off from the mayor’s office. Whether or not they are violating the letter of the law however, Upper West Side businesses are certainly violating the spirit.

“You do feel like this is such a waste,” Brewer said. “It feels like you’re just giving money away to the energy industry. Right out the door.”