Advocates seeking to save the beloved Elizabeth Street Garden filed a federal lawsuit against the city Tuesday — claiming the green space should be spared from demolition because it’s an irreplaceable “work of art” in the Big Apple.
The 20,000-square foot sculpture garden should be protected under the US Visual Artists Rights Act (VARA), argues by the complaint, filed in Manhattan federal court by ESG’s executive director, Joseph Reiver.
It seeks to stop the city from tearing down the Lower Manhattan garden to make way for 123 units of affordable senior housing.
“The federal lawsuit emphasizes that Elizabeth Street Garden’s harmonious blend of neoclassical sculptures, curated plantings, and vital community engagement elevates it beyond a typical green space,” Elizabeth Street Garden reps said in a statement shared with The Post.
“Recognized as a cohesive work of art, any proposed alterations or development would violate its artistic integrity and VARA protections,” the statement adds.
VARA, a 1990 amendment to the Copyright Act, grants works of “recognized stature” protection from “intentional or grossly negligent destruction,” according to the complaint.
The lawsuit, which advocates said has found supporters in musician Patti Smith, author Mara Miller and The Cultural Landscape Foundation, comes on the heels of oral arguments heard in the garden’s eviction appeal earlier this month.
A decision in that case has yet to be handed down – but attorneys for the garden say that, if the city prevails, it will absolutely give the garden the boot, despite thousands of letters written to date in support of saving the space.
The garden was issued an eviction notice on Oct. 2, with organizers told to vacate the premises by Oct. 17.
A judge later granted the garden a stay of eviction while it appeals the city’s decision to pave over the Nolita paradise.
“The Mayor and the 1st Deputy Mayor can still choose to work with us on developing the private site proposal in order to provide the needed affordable housing at no expense to the community whatsoever,” garden activists said at the time.
Council member Christopher Marte told The Post last year that he and garden reps have found alternative sites for the housing project – such as a Department of Environmental Protection water facility lot and a federal parking lot – but none have been able to sway city officials to date.
“This is our cultural center in Little Italy and we don’t have the green space that others take for granted,” City Council Member Christopher Marte previously told The Post. “We will be losing a lot if the city moves through with this.
“I don’t see how this administration can reject this offer in good faith,” Marte added.
The Adams administration, however, has since doubled down on its commitment to build affordable housing wherever possible – and has characterized Marte’s alternatives as “not serious.”
“Any claims that Elizabeth Street Garden has identified serious options are incorrect,” a City Hall rep previously told The Post. “Each would require a new, full public process, bringing years of delay.”
“We have to house New Yorkers,” Hizzoner said at a news conference in October. “The garden is a beautiful place, but there’s a great beauty to be able to house New Yorkers.”
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