Now assuming the news reports on this are correct (and please do alert us if they're not), here's the situation in Boise:
Somehow, at some point in the past, an ordinance was put on the books in Boise banning businesses from allowing customers to use sidewalk cafes after dark. Why they did this, no one seems to know. The ordinance has been obscure enough that numerous businesses around town have allowed such cafes to operate extensively, and they're often integral to those businesses. There have been, apparently, no complaints about the practice. The ordinance has not been enforced for years at least, if ever. The facts of the situation recently were brought to the attention of Boise Mayor David Bieter.
There are several ways this could have been handled. Two, primarily.
One is the slam dunk. Since there's no civic controversy here - just about everyone interested is on one side of the matter - the solution seems simple: Draft and pass a new ordinance reflecting an existing reality which is apparently fully acceptable around town. If anyone has a problem with it, they can surface during the ordinance hearing process to say their piece. Most likely, the issue would have been over with already, and Bieter would have gotten points for decisiveness.
The other is what Bieter actually did. He appointed a task force to consider the matter. It plans to deliver a report to the city council on Tuesday. The council will then consider what to do. In the meantime, a lot of people will be on pins and needles over an issue that needn't have been.
There's a lesson in the subtleties of governance here.
UPDATE: As hoped for, a reader brings forth more information (a tip of the hat) which suggests the issue is a little different than the news report had it. (We're not shocked by that.) At the same time, we're not sure our conclusion is much changed - other than that the city's, as it turns out, is closer to it than we thought. Regardless, anyone reading the previous also needs to know the following. (more…)