By Bill Parry
The artists at Long Island City’s 5Pointz will not go away quietly.
A total of 17 are listed as plaintiffs in a lawsuit filed in Brooklyn federal court to stop G & M Realty from demolishing the world-famous Aerosol Arts Center, at 22-44 Jackson Ave., in order to make way for a 1,000-unit luxury high-rise complex.
Lawyers for the street artists are seeking to protect the artwork from destruction, alleging the developer has violated the Visual Artists Rights Act of 1990 in an attempt to claim ownership over their work.
“Under VARA, they can’t destroy the art without the permission of the artist,” said lead attorney Jeannine Chanes, who cautioned that the law had never been used to protect street art.
“VARA covers a narrow category of visual arts like sculpture and original painting,” she added.
Oral arguments were set to start this week in Brooklyn federal court, where lawyers will claim the artists never signed a release with G & M Realty owner David Wolkoff nor were paid for their work, so they are trying to retain all copyrights to their visual art.
“It’s very satisfying to have the case filed,” said 5Pointz spokeswoman Marie Cecile Flageul. “This gives us a reason to breathe and slow down this whole process so that maybe we can sit down and negotiate.”
Wolkoff was not available for comment.
He had been hoping to begin demolition of the block-long complex of warehouse and factory space by the end of the year. Wolkoff won the unanimous approval of the City Council last week after he made a series of concession to more than double the planned units of affordable housing and hire union workers for the construction and staffing of the buildings.
Additional plans called for 30,000 square feet of public space as well as 50,000 square feet of retail space.
Judge Frederick Block, who presided over the trial of John Gotti, will hear the case.
Chanes believes the artists have a strong position.
“We didn’t take this case to lose, so we’re going in to fight like hell, and if we get temporary restraining orders we can delay demolition for a year or two, easily,” he said.
Reach reporter Bill Parry by e-mail at bparry@cnglocal.com or by phone at 718-260-4538.
