Struggle for the North End - Why We Fight

No Restaurant In the Children's Pavilion

The area around Union Square Park has the lowest amount of playground space and the highest concentration of restaurants in the entire city. In CB 5 there are only two playgrounds but there are more than 150 eating establishments, bars and markets within just a two block radius of the park. The pavilion and adjacent playgrounds have played an important role in the lives of countless children. For more than 130 years, the park‘s pavilions have served many functions - a playspace for children, a bandstand, a reviewing stand, a speakers’ rostrum, and as a focal point for labor rallies and social protests. Despite this history, and the serious need for additional recreational and sheltered community space, the Union Square

Perfomers in the pavilion, sponsored by USCC, early 1980's. Click image to enlarge.

Partnership Business Improvement District (BID)/Local Development Corp (LDC) with the help of the City is attempting to seize thousands of square feet of potential play and community space by turning the historic pavilion into a restaurant.

The community wants the pavilion renovated and restored to its former use as a sheltered, indoor recreation center that serves a variety of year-round recreation and free public uses. (Click to read proposed uses.)

Playground equipment in the sunken terrace, circa 1985. Click image to enlarge. The BID and the City have tried to claim this area as new playground space where in fact they are restoring what was taken away by the seasonal cafe.

Due its configuration and size the north end of the park has historically accommodated large gatherings of people for many reasons including protests, demonstrations and rallies. Their plan is also expected to impede on the parks' historic first amendment and free space role in the Northern Plaza as the City will be less inclined to issue permits for large gatherings in order to protect the commercial interests of the restaurant. It is this important role which served as one of the main reasons why the park was designated a National Historic Landmark in 1997. The plan is being paid for by an anonymous donor and designed by Michael Van Valkenburgh Associates (MVVA). However, unlike Manhattan's other pavilion in Columbus Park, which was handsomely restored and given back to the

neighborhood for community activities (click to see more), the anonymous donor and a BID are being allowed to dictate public land use policies. They have spent millions of dollars attempting to take away and privatize much needed public space from the community.

New Playground Held Up

In 2002, City Council Member Margarita Lopez allocated a total of $ 1.9 million over two years to renovate and expand desperately needed new playground space. For years however, the BID held up the building of a playground while they tried to push though their ill-fated plan to build a year-round restaurant. Despite the lack of playspace for children in the area, MVVA's original plan increased playspace in the park by just 14%. The plan included two large outdoor concession terraces to accommodate restaurant dining. One, a semi-circular terrace north of President Lincoln's statue and a second one, (illustrated below ) was adjacent to the pavilion. The plan also included building a bridge over the playground to bring restaurant patrons to the pavilion. Instead of

Halloween event sponsored by USCC in the sunken playground, mid-1980s.Click image to enlarge.

unifying the existing playgrounds east and west of the pavilion by adding play equipment and opening up the space, the plan forced children and caretakers to access the two play areas in a below-grade, 20-ft.-wide "landscaped corridor" which its detractors derided as a "pit." Critics were worried the bad design created poor sight lines which would have severely limited caretakers' ability to keep an eye on children between the two playgrounds.

If built, this plan would have prevented the recapture of thousands of additional sq. ft of desperately needed play space. For decades the sunken terrace had been used for active children's recreational space. Numerous playgroups and schools used the area as an extension of the pavilion. Children used play equipment installed in the terrace and a DPR recreation worker was assigned to the playgrounds.


Image above: Union Square Park playground as originally designed by Michael Van Valkenburgh Associates (2003) for the Union Square Partnership (BID). The original plan increased playground space in the park by just 14%. A proposed year-round restaurant, including two terraces (top right - left not shown) and bridge to the pavilion (center) would have prohibited the capture of thousands of additional sq. ft of desperately needed play space. After years of fierce public opposition, this plan was eventually defeated and now the entire sunken terrace is being returned to its former use as a playground which was lost for 14 years to a seasonal cafe.

Image Below (click on image to enlarge): Proposed Design - Michael Van Valkenburgh Associates/Union Square Partnership (BID) - (11/12/05) The large Concession Terrace (5) and additional building (11) would have taken away desperately needed playground space. Thankfully the poor design was defeated due to years of public pressure.

In 2004, Save Union Square Park, a grass roots, community - based campaign was organized by NYC Park Advocates to advocate for the needs of the community. With the help and support of 57 community organizations, elected officials and a broad-based labor coalition, the campaign succeeded in defeating this irresponsible plan while greatly increasing playground space, much of it recaptured from play areas lost to the previous seasonal cafe.

Today however, the BID and the City is still intent on seizing space from children and the public. They still plan to establish a seasonal restaurant in the park's historic pavilion including taking away 1800 sq. ft of newly created interior space for their kitchen. The restaurant would operate from May through October - when the public's need for and use of park space is the greatest. Despite vehement community opposition, the City continues to ignore the community's wishes.

Litigation

"Parks should negotiate, not litigate... We don’t understand why Parks won’t work — in good faith — with the community. Will Mayor Bloomberg’s legacy on Washington Square be one of trying to ram this project through against community objections? We see the same situation with the Union Square pavilion. We feel the Parks commissioner’s a good man, but, sadly, we’re seeing a pattern. Please, Commissioner Benepe — work with the community." The Villager - December 24, 2007

After years of failing to address the community's wishes, we were unfortunately forced to seek relief though the legal system. On April 19, 2008, the Union Square Community Coalition filed a lawsuit (USCC v. NYC Parks, Index No. 08/105578) (Create link to the papers filed) challenging the Parks Department and Union Square Partnership's (BID) plans to install a restaurant in the historic pavilion. On April 22, 2008 New York State Supreme Court justice E. H. Stackhouse issued a Temporary Restraining Order (TRO) against the City/BID halting the project in all respects except those necessary to make site safe for the public. On May 7, 2008 State Super Court Justice Jane S. Solomon allowed construction to precede on the renovation on the North End of the Park but extended the injunction which prevents the operation of a restaurant, or the installation of fixtures for a restaurant, pending further order of the Court. In so doing, the court found that USCC is likely to prevail on its central claim ­ that without state legislative approval, the restaurant would be an unlawful alienation of parkland ­ once that claim is ripe. The City has moved to dismiss the case, claiming it is both unripe (because, allegedly, several steps remain in the process before a restaurant concession could be offered) and non-meritorious.

On December 8, 2008, Justice Solomon heard oral arguments. On March 30, 2009 Justice Solomon dismissed the lawsuit ruling our suit was too early to file and was not ready (ripe) until they are further along with the restaurant. The main issue, whether or not the restaurant needs to go through the state legislation was not decided. If and when the city officially decides to issue an RFP (request for proposals) we can bring file another lawsuit. She also reaffirmed our position that not all restaurants in all parks are universally acceptable. We will be commenting more on this soon.

For a more detailed look at the Union Sq. controversy and the four-year campaign please go to www.saveunionsquare.org.

Suggested year-Round uses of the Union Square Pavilion:

1. Children’s pavilion.
Return the pavilion to its original intent and former use as an indoor/outdoor sheltered recreation area for kids, playgroups, birthday and tea parties, story telling.

2. Year-round free access for people of all ages.
Utilize the basement for yoga, exercise, ping pong, arts and crafts, senior programming, community events, sheltered quiet activities, free programs offered by non-profit groups, greenmarket nutrition classes, etc.

3. Free-speech rallies and demonstrations.
Return the pavilion to its original use as a rostrum and staging platform for speakers at free-speech rallies and demonstrations for the North Plaza.

4. Community special events.
Host movies, theater, summer concerts, dance, photography, art shows, workshops for children and older park uses.

5. Exhibit space for permanent and temporary art exhibitions.
Create exhibits highlighting the important role Union Square has played in New York City’s rich history of public assembly, free speech, and social activism.

Thank you to all the people who have fought for the last 41/2 years to restore the pavilion & greatly expand playground space.