The “public-ness” of public space is a loose concept. Public sidewalks are – in principle – meant to be accessible to and enjoyed by members of the public. That’s pretty simple. However, we are less likely to appreciate that the public right-of-way extends well beyond the edge of paved roads and sidewalks. A good portion of your front lawn is probably not exactly “yours”. Municipalities put in place carefully-worded by-laws and regulations to minimize or prevent the obstruction or privatization of sidewalks. Yet, in a higher-density, inner-city commercial mainstreet environment, these rules seem to create as much tension as they resolve. Public space is regularly used for commercial gain. For-profit places of business regularly “use” public property, both restricting its use to paying customers, as well as profiting from the use of property it does not own. At the same time, the result is often a lively animation of the street and a general enhancement of the overall street experience. A tour of Wellington Street West illustrates the variation in the use of public space. Placing a couple of tables and a few chairs on the sidewalk is a relatively innocuous use of public space. The absence of a railing or permanent patio and the obvious transitory nature of this use make it quite benign. In this sense, it is a simple and harmless way of enhancing the street and adding to the level of public interaction. However, without the appropriate permissions and fees, it is also an illegal encroachment of pedestrian access to sidewalk space, and an unfair commercial gain at the expense of public property. It is worth regulating this type of use?