Saturday, November 9, 2013

Judge says 5 Pointz is coming down

From the NY Post:

Banksy has lost his final New York tussle with The Man.

The street artist threw his weight behind a fight to preserve a famed Long Island City graffiti mecca – but a Brooklyn federal judge said Friday that the building is “coming down.”

Banksy’s work became a central topic in the court battle over 5 Pointz, an otherwise derelict warehouse used by the biggest names in aerosol art that draws gawkers from around the world.

Attorneys for the artists cited a law that prohibits the destruction of art to block the demolition while property owner lawyers said the colorful pieces don’t qualify.

5 Pointz lawyers repeatedly pointed to the massive popularity and notoriety of Banksy’s temporary installations as proof that longevity and permanence are not required to qualify something as legitimate art.

The artist personally weighed in on the controversy on his Web site just before he concluded his New York residency. “Save 5 Pointz,’ he wrote.

The shadowy stencil king’s name was frequently broached in court to help win over Judge Frederic Block – but the jurist flatly stated that property rights trump artist rights in this instance.

12 comments:

New York Art Watch said...

NY Yankee royalty, Yogi Berra:
"It ain't over 'til it's over".

Our guess is that there will be no wrecking ball in sight for quite awhile.

Being the former Neptune water meter factory...this site contains asbestos, possibly PCBs, some heavy metals, etc. A carefully conducted, long term clean up is required before demolition can ensue...especially being located so close to the # 7 line.

Will there also be an appeal to the second district court (with a jury trial?) filed on the part of the plaintiffs?

This case will make art history...general history too!

Even here in the USA...there can occur the plundering of artworks...similar to what happened under the Nazi regime!

Property owner Wolkoff...despite all of his blustering and postulating...most likely intends to flip his 5 Pointz property to another owner.

He's got big problems with his Nassau County (former Pilgrim State mental facility) site that he's been wanting to complete for years. He needs the money.

This federal hearing, pertaining to the VARA Act, was ONLY to determine whether the temporary restraining order would be extended indefinitely.

YES...I was there for the entire proceedings, along with the NY Post!

PS, NY Post reporter, Judge Block will issue his published ruling (I believe) on Tuesday.

Did you get that part or were you busy taking a Nature break ?

Anonymous said...

Gerald Wolkoff begged the the judge's indulgence, at Thursday's hearing. He noted that he wouldn't be in court on Friday. He was going to be celebrating his 77th birthday.

Will he be around to see his twin 40 story+ towers completed?

Neither he nor his David were present the next day. They were represented by counsel.
The elder Wolkoff looked under worse strain than the disappointed artists.

Anyway, happy birthday and good health, Mr. Wolkoff.

Nobody's an ill wishing inhuman savage here.
The fate of 5 Pointz is in the Creator's and the federal government's hands.

The law will decide...thumbs up or thumbs down.
Thank G-d we are a nation of laws!

Jerry Rotondi said...

Whether you like 5 Pointz or not--this is an extremely interesting case. I think that it will wind up going all the way up to the US Supreme Court.

I've been attending all of the hearings.
I wouldn't miss a minute.

The final decision (which this is not) will make new case law.

Take note:
5 Pointz will be remembered when the property owner's name is dust.

The history of ANY civilization survives mainly through the art it leaves behind.

Who ever heard of a lawyer's name on the tip of practically everybody's tongue--like Leonardo Da Vinci's is? He left us the "Mona Lisa", "The Last Supper", and many ingenious inventions too.

My case is closed.

Ned said...

"5 Pointz will be remembered when the property owner's name is dust"
--------------------
For a few in the graffiti artist world (squatters who don't even reside here) and lawyers perhaps but the general public, not happening.
The populate in Queens 2013 have a memory & awareness span of ZERO. IMHO this brain atrophy is the outcome of years of 3rd world immigration, pollution, indolence and neuroanatomy. We have the preceding and last weeks current election results to prove my hypothesis without question of doubt.
If these pro 5 pointz people and ex-hippie pinko judge who's always sided with colored people even lived in Queens they would know this. ---Case closed.

These so called "artist" squatters need to go back to California, Chicago, Ohio whatever and get real jobs.

Anonymous said...

"Ned" needs to join the Bunkers in The Great Oblivion". -And he will, sooner than later.

The times
They are a-changin'.

Anonymous said...

fucking finally. tear that shit down. I hate graffiti.

Anonymous said...



SIGH...thank Providence that throwback jerk wads like Ned are few and far between in NYC...and that 21st century, forward thinkers are many.

You're outvoted by the "liberals" that you, obviously, detest!

So, go and crawl back to the 1950s hole you've dug for yourself, Ned.

Enjoy a few more beers. When you're stewed enough, you might believe that you're actually there back in your favorite time warp.

Anonymous said...

It rests on whether the federal court system believes that aerosol or graffiti art is valid. Your singular pronouncement means nothing.

Uh...and it's not "fucking finally".
An appeal will likely be filed...IF...the judge rules against 5 pointz....which he hasn't yet 'til Tuesday.

BTW,
That's 2 mistakes you've made in punctuation.

Sentences begin with caps. That's cap "F" for "fucking" and cap "T" for "tear".

I believe that free remedial English classes are available, son.

Anonymous said...

LOL!
The times HAVE ALREADY CHANGED and have passed Ned Bunker by!
That's why he's so pissed off.

Jerry Rotondi said...

Ned, they are certainly not squatters. They have had the full permission by the building's owner to paint his building for almost 20 years.

Please direct your to displeasure to Mr. Wolkoff for the works of art that decorate his building, not the artists.

Art experts are in agreement that the quality of what you refer to as "graffiti" is art.

BTW,
I also dislike graffiti. Graffiti, by definition, is ILLEGAL VANDALISM, void of artistic distinction.

P.S.
Why not identify yourself by your full name as I have, Ned, to give more validity to your comments?

maybe I'm Banksy said...

LOL!
Ned, you don't represent the "general public"...
thank God.

Perhaps you meant the general pubic?

Anonymous said...

That was according to the "accurately" reporting NY Post....not quite up with the news and behind the times.

That IS NOT Judge Block's verdict.

When he publishes his ruling tomorrow (today is a federal holiday) we'll have a much more ACCURATE picture of what's really going on with the situation.

The feisty NY Post encourages readership for the purpose of its advertisers. The more eyes that eyeball the Post's, admittedly great, headlines the more content that the ad runners are about their messages' circulation.

That's what makes the news biz friends. News media is supported by advertising revenue.

These days you can't rely on traditional ink and paper media as telling the full truth. A lot of their reporters stink!

Go to the blogs! They're unfettered...as of now.