New York, NY – 9 Stores Fined for Leaving Doors of Air-Conditioned Store Open

New York, NY – Nine stores in Manhattan and the Bronx have been hit with $200 fines for leaving their doors open on hot days in the hope that the escaping cool air will lure sweaty customers. They are the first fined as part of a new law passed in 2008.

Last year, only warnings were given out. So far this year, the city’s Department of Consumer Affairs has inspected 105 stores. Seventy were in compliance, 26 were issued warnings and nine that had been warned last year were hit with fines, said Kay Sarlin, a spokeswoman for the department.

Fines start at $200, and go up to $400 for any further infractions in an 18-month period. The legislation states that any business larger than 4,000 square feet or part of a chain with five or more stores in the city must keep doors closed when using an air-conditioning system.

Ms. Sarlin said inspectors respond to complaints and keep an eye out for offenders throughout the summer. Last year, the department reported an 81 percent compliance rate, and amid heavy media coverage of the law, it seemed businesses were getting the message.

During the heat wave of recent days, however, plenty of stores seemed to be in violation, as City Room made its own inspection.

A digital thermometer read a refreshing 79 degrees 10 feet away from a Zara’s on 17th Street and Fifth Avenue, despite it being a muggy 97 degrees two blocks away. A street jewelry vendor named Jamaal stood near the doors, enjoying the breeze — “Whenever I need a break I stand near the door for some fresh air,” he said. “It’s always nice and cool.”

Jamaal was disappointed five minutes later when, after a brief conversation with Zara’s manager, who was unaware of the law, the doors were shut. “Guess it’s back to work for me,” Jamaal said.

Filene’s Basement and DSW at 4 Union Square had their doors wide open — and both, indeed, received fines. Ten feet from the doors, a small group stood around talking on cellphones, smoking cigarettes and killing time.

Malik Boyd, 28, one of them, stood in the cool 78 degrees near the doors while waiting for a group of friends. “I appreciate the arctic breeze, especially on days like these,” he said.

Mr. Boyd says he works in retail and understands the law and the argument for energy conservation, but ultimately doesn’t blame shop owners for doing what they do.

“The reason why the retail stores do it is to attract the tourists,” he said. “The people who live in the city know the ploy already. The stores do it to catch that tourist taking his one and only stroll down Fifth Avenue because he’ll be easy to lure with the breeze.”

He added, “It’s business; sometimes you got to do what you got to do.”