. >>> a new patio is open at the berkeley bart plaza , but the seating is only for customers of nearby businesses. as max reports, critics are worried this is a tactic to keep away people who are homeless. >> reporter: is gearing up for another day of sales, he is the owner of gelato in the downtown berkeley bart plaza. he likes the location, but says, operating here isn't always sweet. >> this area is affected by crime because of proximity with art. >> before opening up shop for today, he is glad to see this happening outside , ambassadors from the downtown berkeley association setting up the new papa plaza patio seating area. it is a shared space, reserved only for customers of the fine merchants at the plaza. >> honestly, it is not that we are taking anything away from anybody. the plaza is free, berkeley is free, we are just trying to add a layer of safety for people. >> the ideas to welcome more people. >> john is the ceo of the bba and says, they wanted to create a safe space for customers, as local business owners say, some customers were being harassed at the plaza . >> vocatio