Preserving Black+Trans Historic Sites and Districts: New Section 106 Case Alleges Exclusion, Erasure of Black, Trans Historic Sites & District
FEBRUARY 23, 2023
info@strategictransalliance.org
FOR IMMEDIATE RELEASE
New York, NY
STARR, the New York based Trans-rights group founded by Sylvia Rivera and Marsha P. Johnson filed a new and strengthened complaint yesterday, in a U.S District Court, Southern District of New York, accusing the state and federal government of historic erasure and discrimination. (See Attached)
The complaint targets construction underway within Hudson River Park at Gansevoort Peninsula on Manhattan's West Side, and was approved during the Trump administration by the U.S. Corp of Army Engineers.
The new amended complaint cites an area in Hudson River Park where civil rights, Stonewall icon Marsha P. Johnson tragically passed away, and, where her body was subsequently recovered from the Hudson River, in July 1992, as eligible to be listed on the National Register of Historic Places (among other sites within the park).
The lawsuit accuses state and federal officials of cutting regulatory corners, and turning a blind eye to the area’s rich, Black and Trans history; favoring wealthy white developers and residents who demanded a beach and soccer field be built on the site.
The case comes on the heels of the blockbuster ruling from a U.S. Appeals Court, National Parks Conservation Association v Todd T. Semonite, Lieutenant General et al, out of the U.S. Court of Appeals for the District of Columbia, in which the Court sided with preservationists. The Court clarified interpretation of Section 110(f) of the NHPA. This section requires an agency to minimize harm to any National Historic Landmark “directly and adversely affected by a project.” Circuit Judge Tatel clarified that “direct” effects can be visual effects, and that proposed projects need not physically alter a National Historic Landmark for Section 110(f) to apply.
The new complaint also points to mainstream art and media, such as Beyoncé’s recent historic Grammy wins (and partnerships with brand giant Tiffany & Co) as even further proof of the far reaching economic impact which certain marginalized groups appear to be having on mainstream America; Indeed, Black, Queer and Ballroom content, seems to be having a moment: https://www.tiffany.com/stories/guide/beyonce-for-tiffany/
https://www.nytimes.com/2021/07/13/arts/television/mj-rodriguez-emmy-trans-woman.html
Beyonce's album Renaissance, which was heavily influenced by Black Trans art and history, broke multiple records and earned her the distinction of most awarded musician in Grammy History, in early February.
https://www.nytimes.com/2023/02/05/arts/music/beyonce-grammys-win-record.html
The judge considering the new complaint in the Southern District, the Hon. Laura Taylor Swain, who made history as the second woman of color to be appointed Chief Judge of SDNY, is expected to rule on whether the Court will allow the case to proceed in the next few months.
This new case could blaze trail for academics and historians interested in preserving Black, Queer history in the U.S., help providing new legal tools for communities, activists, and preservationists who are fighting against cultural and historic erasure from wealthy developers and government agencies in their own backyards.
###