Battle brews between popular South Street streetery, city, after they say city is forcing their closure

SOUTH PHILADELPHIA - It’s one of the most popular spots on South Street. Bob and Barbara’s, known for its "Citywide Special" – a shot and a beer, isn’t saying cheers to recent news.

The family who owns the restaurant says they are being forced to shut its streetery after they just spent tens of thousands of dollars building it.

A customer stated, "This means a lot to me. I’m just devastated this is happening."

Bob and Barbara’s outdoor streetery will serve beer and shots for the last time Sunday, with the city determining it must go to make way for a milling and project on South Street.

Owner Katrina Duva said, "We’ve gone through six months of legal proceedings back and forth to try and reach a resolution."

Duva runs the long-time family business with her brother, Oscar, says they went through a complex 14-month application process, following every guideline. They were granted a license in January, with the $35,000 streetery completed the weekend of St. Patrick’s Day.

"They had people come out multiple times, plans signed off on by Art Commission," Duva continued. "At no point did anyone stop us or give us comment if this needs to be removed, this isn’t really gonna work out for you guys."

But, she says two months later, they were notified it needed to come down in 48 hours. "It’s not categorized as a permanent structure, but it’s not an easily moved structure for any means for safety. There’s reinforced concrete barriers along this whole thing. We’re a busy street."

The city tells FOX 29 the law specifically requires the streetery structures be removable within 48 hours for public projects and that applicants sign an agreement they will abide by that. Duva says a lack of communication from the city is to blame for the mess.

"They knew about the project and they didn’t tell us and they let us go ahead and do this," Duva added. "If we knew there was a project shortly down the line, we would not have built this."

The city says Bob and Barbara’s refused to move for months, filing an emergency injunction. On September 18th, a judge ruled in the city’s favor. The bar is hoping for a compromise, to possibly pave around it, but it was no go for the city.