Union Square Park Court Case Back in Court Monday, December 8th – City Trying to Put Restaurant back on the ‘Table’

Union Square Park Not for Sale

Union Square Not for Sale informs us: “In case you didn’t already know, the only thing currently standing in the way of the city turning our beloved Pavilion into a swank (private) restaurant is a court decision made by Judge Jane Solomon in April 2008. This Monday, December 8th, she will hear the city argue for the dismissal of the case.”

The issue here is further takeover of our public space by a private corporation. The pavilion at Union Square Park has a noteworthy history as a venue for protest and free speech including serving as the site of the first Labor Day Parade Rally. In addition, the interior was open to the public for years and included a children’s space and music area. It is not as if the Union Square area is lacking in restaurants but it is lacking in free, public, non-privatized open space.

Union Square Not for Sale is asking people to turn out to the court hearing.

Here are the details:

Union Sq. Park Court Date

Monday December 8, 2008 – 3:00pm
New York State Supreme Court
60 Centre Street, Room 432 (Part 55)
Justice Jane S. Solomon

Additional Background from Union Sq Not for Sale:
“Union Square Park Pavilion Litigation. In April 2008, the Union Square Community Coalition(USCC) filed a lawsuit (USCC v. NYC Parks, Index No. 08/105578) challenging the Parks Department and Union Square Partnership’s plans to install a restaurant in the historic pavilion.

The court issued a preliminary 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.”

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