Judge Refuses to Grant Injunction to Prevent Demolition of 5 Pointz Graffiti Park
Only a miracle, a new buyer, or landmark status – can save cultural landmark and street art mecca 5 Pointz from the wrecking ball.
On Friday, Federal Judge Frederic Weiss refused to grant the graffiti mecca an injunction that would’ve prevented its destruction – despite the fact that he’s a fan of the group. ‘“I love the work and it’s going to tear my heart out to see it torn down, but as a judge I have to apply the law. I can’t grant the injunction’, Weiss flatly told lawyers for both 5 Pointz and Jerry and David Wolcoff, who own the building. The Wolcoffs plan to tear 5 Pointz and build two high rise residential apartments. At a heated community board meeting back in June, residents unanimously rejected the plan, citing among other things, the lack of affordable housing, parking and the public park would be situated directly under the number 7 train subway line. But after several alterations to the plan – including adding more ‘art walls’ that would honor the 5 Pointz legacy, the city approved the plan.
Lawyers for 5 Pointz claimed that demolition of the site would be in violation of The Visual Artists Rights Act (VARA), which states that ‘authors of works of ‘recognized stature’ may prohibit intentional or grossly negligent destruction of a work. But Judge Weiss agreed with the Wolfcoffs, stating that as owners of the property, they had a right to develop at will.
Demolition is scheduled for the end of the year.
Weiss did leave the 5 Pointz camp a glimmer of hope stating that he did have the right to issue a stay on demolition provided that they have a pending application before the City Landmarks Preservation Commission. 5 Pointz first application was rejected back in August, but lawyers for 5 Pointz indicated that another filing was underway.
Here’s how you can help:
Go to http://www.nyc.gov/html/lpc/downloads/pdf/forms/request_for_evaluation.pdf and print out the form completely and RESPECTFULLY (The address of 5 Pointz is 45-46 Davis St, Long Island City, NY 11101. Send in the form to the address provided on said form.
If you’re in the NYC area or planning to visit, visit 5 Pointz and check out the art that’s already up or the art that is being created. They are open weekends from noon to 7pm. You can go to www.5ptz.com for directions and additional info. Photos don’t do the place justice: It’s AMAZING to see up close.
