Legal Drama At Gansevoort
Developers, Hochul turn up the pressure
March 18th 2022
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PRESS RELEASE
FOR IMMEDIATE RELEASE
BREAKING: Governor Hochul, other state officials disregard Temporary Restraining Order Meant To Protect Critical Black/Brown/Hispanic, TGNC History. Could be found in civil contempt.
March 18th 2022, 11am EST
Albany, New York - A number of New York State Officials, including Governor Hochul and Commissions at the New York State Dept of Parks Recreation and Historic Preservation, are in violation of a Temporary Restraining Order (TRO) issued against them in connection to a lawsuit filed by Trans activist and the adopted daughter of Sylvia Rivera, Mariah Lopez on February 3rd of this year.
The TRO, signed by Albany Supreme Court Judge Kimberly O'Connor (Lopez v Hochul et al 781-22), was filed within an Order To Show Cause on February 3rd, 2022, directs the Governor and several other state agencies to immediately cease any and all construction within Hudson River Park between Christopher Street and Gansevoort Peninsula. Neither the Governor nor the commissioners named in the lawsuit have been abiding by the court order according to attorneys from the office of the New York State AG Letitia James.
Ms. Lopez filed the lawsuit pro se (without an attorney) as an article 78 asking the court to force NYS Governor Hochul and the Commissioner of the NYS Dept of Parks, Recreation and Historic Preservation (Erik Kullesseid, who was appointed by former Gov Cuomo), to fulfill their mandates under the state and federal historic preservation law, designating certain areas within Hudson River Park protected (a historic district), because of the unique American history and culture which stems from it.
The NYS AG’s Office (which represents the state in the matter) admitted yesterday in a virtual conference before the court, that it had not been following the order as of yesterday; claiming that officials did not understand the court order. The Court clarified that all construction within Hudson River Park between Christopher Street and Gansevoort Peninsula must cease immediately.
In early 2021 New York State officials announced plans to construct a man-made beach in NYC’s Meatpacking District, within Hudson River Park on Manhattan’s West Side: drastically altering the landscape and erasing decades of Black+Brown, Queen American history in the process. The area has long been known for being the birthplace of the modern Trans-rights movements, as well as the global art and cultural phenomenon that is Ballroom (an art collective once considered underground, consisting of artists and performers made of Black/Brown/Hispanic members of TLGBQ+ community. Hit shows like FX’s POSE are based on the real history cited within the lawsuit).
American civil rights icons Marsha P Johnson and Sylvia Rivera, are also linked directly to the site and area cited within the lawsuit and restraining order. Marsha P Johnson is believed to have perished in the water at Gansevoort Peninsula on July 5th,1992. Her body was recovered just south of the peninsula at Christopher Street on July 6th of that same year. Sylvia Rivera would go on to live in the area during the 1990s, and her ashes were scattered there in a public ceremony in February 2002.
New York State recently acquired the Gansevoort Peninsula property from the City of New York, which had been using it as a sanitation truck depot for decades. Local groups like STARR and FIERCE NYC have been calling on state officials to declare and protect the areas rich Black/Brown/Hispanic Queer history (especially its TGNC history) for decades. The state insists it cannot honor the public’s wishes and the area's history because it must follow plans for a beach mandated within the Hudson River Park Act, signed by Gov Pataki back in 1999.
Although it is not clear if Governor Hochul will direct state agencies to abide by the order moving forward, attorneys for the Governor may now have to defend her against contempt proceedings in Albany Supreme Court in addition to the lawsuit itself. If Ms. Lopez pursues filing a motion asking the court the find the Governor in contempt, and the court does indeed determine that the Governor (and the commissioners which she appoints) have violated the TRO, the court could issue a fine, in addition to grilling attorneys for the Governor: New York Attorney General Letitia James herself, as to why the state is ignoring the court’s authority and the clear language within the TRO.
During yesterday’s proceedings before the court, Ms Lopez expressed her willingness to call a slew of high profile elected officials as witnesses (within evidentiary hearings within the case), including former NYS Governor Andrew Cuomo (and perhaps the current Governor herself), to establish the facts she is relying on to make her case. Ms Lopez’s key argument is that the Governor and state commissioners are ignoring history because of convenience; making the decision to continue with the beach arbitrarily, constituting a clear abuse of power on the state’s part.
In June 2019 for World Pride, former NYS Governor Cuomo issued a statement in favor of the area's history, and directed state agencies to keep certain areas of Hudson River Park open to the public on account of said history.
On August 24th 2021, within hours of being sworn in, Governor Hochul issued a similar statement via Twitter, honoring Marsha P Johnson on what would have been her 76th birthday. Ms. Lopez is directly responsible for the Governor issuing said statement honoring Ms. Johnson. Earlier that year (2021) on February 19th Governor Hochul (who was then the Lieutenant Governor) issued a similar statement to mark the anniversary of the passing of Sylvia Rivera.
In addition to this lawsuit Ms. Lopez, joined by FIERCE NYC Executive Director Mustafa Sullivan have formed a coalition of activists and historians in opposition of the beach plans, establishing both traditional paper, as well as online petitions against any beach planned for the area in question, and calling on the state declare and preserve the area’s unique history and culture.
The matter is before the court again in Albany a week from today (on March 25th).