In an ongoing effort to preserve the Elizabeth Street Garden, advocates filed a federal lawsuit against New York City on Tuesday, claiming the garden should be saved due to its status as an irreplaceable “work of art.”
The 20,000-square-foot garden, located in the Nolita neighborhood of Lower Manhattan, is set to be demolished to make room for a new affordable housing development. The lawsuit, filed in Manhattan federal court by Joseph Reiver, executive director of the Elizabeth Street Garden (ESG), seeks to block the destruction of the space and protect it under the U.S. Visual Artists Rights Act (VARA).
The lawsuit argues that the garden, which features a blend of neoclassical sculptures, curated plants, and active community engagement, qualifies for protection under VARA. The act, which is part of the Copyright Act, shields works of “recognized stature” from destruction or significant alteration. Advocates contend that altering the garden for a housing project would violate its artistic integrity.
According to ESG representatives, the garden is a cohesive work of art, and its destruction would harm its cultural value. “Any proposed alterations or development would violate its artistic integrity,” they said in a statement.
The lawsuit has garnered support from notable figures, including musician Patti Smith, author Mara Miller, and The Cultural Landscape Foundation. Their support follows an ongoing legal battle, including a recent appeal regarding the garden’s eviction, which has yet to be decided.
The garden received an eviction notice on October 2, giving organizers until October 17 to vacate. However, a judge granted a temporary stay, allowing ESG to continue its fight in court.
While the city has planned to build 123 units of affordable senior housing at the site, local advocates and Council Member Christopher Marte have proposed alternative locations for the project. These include a Department of Environmental Protection facility and a federal parking lot, both of which they argue could accommodate the housing without demolishing the beloved garden.
Marte emphasized the cultural significance of the garden to the Little Italy community, stating, “This is our cultural center, and we don’t have the green space that other neighborhoods take for granted.”
However, the Adams administration has remained firm in its commitment to build affordable housing in the area and rejected Marte’s alternatives. A City Hall spokesperson described the proposed locations as “not serious” and noted that they would require years of delay due to the need for additional public processes.
As the legal battles continue, the fate of the Elizabeth Street Garden remains uncertain, but its advocates are determined to protect it as a vital cultural and artistic space for the city.
