A rally in support of the East Side Coastal Resiliency Project; activists lose appeal

1) This morning, a group of self-described LES stakeholders are holding a rally supporting the $1.45-billion East Side Coastal Resiliency Project (ESCR), currently underway along East River Park. 

According to a media advisory, representatives from the Good Old Lower East Side (GOLES), NYCHA TA Leadership, Coalition for a District Alternative (CODA), an independent political organization, and members of the Frontline Communities Coalition will be in attendance. 

Their media statement includes:

ESCR is one of many critical life-saving infrastructure projects needed to protect NYC residents from the devastating impacts of climate change. Without the completion of ESCR to provide flood protection, a resilient park, and improved drainage systems, Lower East Side including NYCHA's infrastructure will remain susceptible to deterioration, putting the future of residents at great risk of loss of life, evacuation, and potential loss of homes. 

And:

Frontline Communities Coalition refutes the misinformation campaign specifically targeted to play into the fears of people of color and the residents of public housing. ESCR is about saving lives and in doing so it will also save the homes and East River Park itself for future generations. 

This morning, the rally takes place at 11 on Sixth Street at FDR Drive between the Jacob Riis and Lillian Wald Houses.

2) Yesterday, the state Court of Appeals denied activists' bid to hear their case. 

As NY1 reported:

In a terse, 20-word ruling, the court rejected allegations that the city side-stepped state law by not seeking a vote approving the plan in the state legislature. Judges in earlier phases of the suit had already ruled in the city’s favor twice. 

The court also rejected the activists' motion to hold the city in contempt of court, after the city continued to cut down trees in the park following a judge's order in the case, issued last week that appeared to require the city to pause construction.

A lawyer for the activists, Arthur Schwartz, told the Post that the whole process "has been shameful."

"It has never been necessary to destroy the park in order to get flood protection for the people of the Lower East Side," Schwartz said. "Tens of thousands will lose a local park for the next 5 to 7 years, maybe more."

In an Instagram post, East River Park Action, which had been fighting the city over this version of the plan to stormproof the park, said:

This is truly a sad day, not only for us but for all parkland. This decision sets a terrible precedent for all parkland... All they have to do now is tack on some park-related excuse to whatever they're doing and it will not need to go through alienation or state oversight. They could put a building in a park and say it's for environmental research for the park and it will be ok. Thank you for your support. We are in mourning.

East River Park Action and other activists have said some alternatives could preserve much of the park and protect the Lower East Side and surrounding neighborhoods from a 100-year-flood event and sea-level rise — one that doesn't cause 1,000 mature trees to be chopped down.

In late 2018, the city surprised community stakeholders by announcing a complete overhaul of a plan discussed over four years of local meetings. As Gothamist reported: "City officials cited fears about maintaining a floodable green space, as well the disruption to motorists on the FDR Drive and potential dangers to Con Ed's power lines under the previous proposal."

The current plans call for gutting East River Park — burying the existing 57.5-acre park under fill and elevating it by 8-to-10 feet above sea level.

The city shut down East River Park below Stanton Street on Dec. 6 and has been working — sometimes around the clock — to cut down trees and remove park amenities. Workers are currently demolishing the amphitheater.

East River Park remains open above Houston Street. The city has previously estimated that work will be complete by the end of 2026.

[UPDATED] Activists: Even with new court order city continues demolition of East River Park

Yesterday, Court of Appeals Judge Rowan D. Wilson issued a new order that stays the previous Temporary Restraining Order (TRO), halting the construction at East River Park until a hearing on Thursday afternoon. 

Judge Wilson also signed an order bringing on a motion to hold the respondent in contempt.

 

View this post on Instagram

A post shared by 1000 people 1000 trees (@1000people1000trees)

Despite this, activists at the construction site south of Houston Street this morning report that city-contracted workers continue to demolish portions of the park — as they did around the clock this past weekend, even with the TRO in place on the $1.45 billion East Side Coastal Resiliency project. 

Photos from the scene show an excavator in action at the amphitheater. 

In recent days, workers have focused on the now-closed section of East River Park from Stanton Street to Montgomery Street. Trees and amenities in this section have mostly been removed, witnesses say.

Photos of East River Park show a barren landscape with piles of tree stumps for those on the FDR to view (thanks to EVG reader John for this photo)...

The city's response to date has been: "The city has reviewed the Court's written order, and we do not believe it prevents us from continuing work on this vital resiliency project. 

Updated 3:30 p.m.

A group of activists has marched to local City Councilmember Carlina Rivera's office. Per a tweet, they are calling for her removal... 

Come to ⁦@CarlinaRivera⁩’s office now. We are blocking the street and calling for her removal from office. 4th and B ⁦@ERPAction⁩ #SaveEastRiverPark pic.twitter.com/GxQGkeaqaQ

— a thousand people a thousand trees (@1000treesNYC) December 14, 2021

Updated 7 p.m.

Here are more photos from outside Rivera's office via EVG contributor Stacie Joy. 

The activists tried to present Rivera with a copy of the latest order from Judge Wilson...

Although people were inside the office, no one would come to the door... and a copy was shoved under the door...

The group blocked traffic ...

...under the watchful eye of the NYPD. We're not aware of any arrests here.

Top photo by @benjaminshepard via @eastriverparkaction.

'Pretty evil' — city is working around the clock this weekend to cut down trees in East River Park

Work continues around the clock this weekend as the city cuts down more trees in the southern portion of East River Park — despite the Temporary Restraining Order (TRO) in place to halt the $1.45 billion East Side Coastal Resiliency project. 

The @1000people1000trees account posted a video clip of trees being cut down at 3 a.m.

 

View this post on Instagram

A post shared by 1000 people 1000 trees (@1000people1000trees)

Activists, who have been protesting as the work proceeds south of Stanton Street to Montgomery Street, say that the city is moving quickly to demolish as much as they can before tomorrow when the Court of Appeals is expected to act on the contempt citation East River Park Action attorneys sent to Albany. 

As of this morning, witnesses say that the work has reached the amphitheater. Activists from East River Park Action and @1000people1000trees are calling a meeting at 2 this afternoon at the amphitheater.

🚩Important Change🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩Destruction of Amphitheater is imminent. Instead of meeting at Houston St at 2pm we are meeting at Amphitheater. Access at Corlears Hook Overpass. @1000treesNYC pic.twitter.com/PY2AhJ2rzX

— Our Park (@ERPAction) December 12, 2021

Demonstrations continued yesterday south of the East Houston Street entrance... (photos below by Stacie Joy)...

During a rally/press conference, Assemblywoman Yuh-Line Niou, who represents the Lower East Side, called on Mayor Bill de Blasio to immediately stop the tree-cutting. 

"I'm appalled that the mayor and his team would toss aside a temporary restraining order granted by the Court of Appeals, but this is sadly emblematic of elected officials who view themselves as above the law and above accountability," Niou said at the rally, as quoted by the Post. 

During the press conference, attendees could view the ongoing tree cutting...

More pointed comments were directed toward the outgoing mayor, dubbed "Bulldozer Bill."

"It's fairly unusual that orders of the court are disobeyed," said Arthur Schwartz, one of the pro-bono attorneys working on behalf of the activists. As The Village Sun quoted: "Bill de Blasio wants to just get this done and in the ground before Eric Adams is mayor. He wants to make sure Eric Adams doesn't have any way to deal with it." 

On Wednesday, Court of Appeals Judge Rowan Wilson issued the TRO. According to East River Park Action, who has been opposed to the city's current plan for the park, the TRO remains in effect at least until the next hearing on Dec. 20. 

The city's interpretation of the TRO is different. 

Per NY1: "The city has reviewed the Court's written order and we do not believe it prevents us from continuing work on this vital resiliency project," said Ian Michaels, the head of public information for the Department of Design and Construction, which is overseeing the project.

As former judge Kathryn Freed, another attorney for East River Park, told the Sun: "The city is just being willfully obtuse. … They're betting that if they cut down half of the trees, we'll just go away. It's pretty evil. And what they've done to this community, it's pretty evil."

City Comptroller Scott Stringer is also questioning the city's actions right now.

I sent the East River Park contract back due to serious unresolved issues, yet the City moved ahead. I'm still concerned that the community isn't being heard, and actions like today's don't help.
⁰https://t.co/b7Jwn3Nsi9

— Scott M. Stringer (@NYCComptroller) December 10, 2021

East River Park north of Houston Street remains open.

Top photo by @1000people1000trees

Previously on EV Grieve: 

• Witnesses: City continues to cut down trees this morning in East River Park 

• Report: City continues cutting down trees in East River Park despite Temporary Restraining Order

Witnesses: City continues to cut down trees this morning in East River Park

Witnesses say that city-contracted workers are back in East River Park this morning cutting down trees — despite the Temporary Restraining Order (TRO) that Rowan D. Wilson, Associate Judge of the New York Court of Appeals, issued on Wednesday. 

In addition, according to activists who have been speaking out against the city's current plan to floodproof the park, the Department of Design and Construction is showing documents that day the TRO has been lifted. The paper is not valid, activists say...

The TRO is to remain in effect until the next hearing on Dec. 20. A copy of the court order follows...

East River Park Action released this statement this morning: 

Capt. Luis E. Barcia, Commander of the 7th Precinct was on-site where construction workers entered at 6:30 this morning. Park Activist Tommy Loeb said that Barcia acknowledged that he has a copy of the court order that should stay the work. It's from the Appeals Court, the highest court in the state. 

However, according to Loeb, "He has been told by higher ups that he's supposed to let the construction workers in.” Protesters have been unable to stop the work. Harriet Hirshorn and Alice O'Malley were arrested yesterday trying to deliver the Temporary Restraining Order to supervisors of the demolition inside the construction fence. 

Attorney Kathryn Freed said that the document the police were using to allow the demolition to proceed was "an internal memo" from the Department of Design and Construction. "They're taking that as more important as the highest court in the state." 

Activists, who have been protesting as work proceeds, say that the city is trying to demolish as much as they can before Monday, when the Court of Appeals will act on the contempt citation East River Park Action attorneys sent to Albany.

From NY1's coverage from yesterday:

In a statement, the city said that the order from appeals court Judge Rowan D. Wilson on Wednesday did not amount to an order to halt work at the park pending a final ruling. 

"The City has reviewed the Court's written order and we do not believe it prevents us from continuing work on this vital resiliency project," Ian Michaels, the head of public information for the Department of Design and Construction, which is overseeing the project, said.

You can read find more coverage at The Village Sun and CBS 2. 

Activists scheduled a press conference today at 1 p.m. at the Houston Street entrance to the park.

EVG contributor Stacie Joy shared this photo from yesterday... where there was an active construction site.

With the TRO in place, activists say that workers cut trees from Houston Street to the tennis courts just north of Delancey. Workers also ripped up the soccer field south of the Williamsburg Bridge and the seal park across from Grand Street. 

Read our previous posts for more background on the ESCR and the opposition and controversy over the city's current plan.

East River Park Action and other activists say they will continue to fight for alternatives to preserve much of the park and provide interim flood control.

Top photo by @1000people1000trees

Report: City continues cutting down trees in East River Park despite Temporary Restraining Order

On Wednesday, Court of Appeals Judge Rowan Wilson issued a new Temporary Restraining Order (TRO), halting construction underway in East River Park as part of the $1.45 billion East Side Coastal Resiliency project.

According to East River Park Action, who has been opposed to the city's current plan for the park, the TRO remains in effect at least until the next hearing on Dec. 20. 

However, despite the TRO, activists at the construction site just south of Houston Street report that city-contracted workers continue to cut down trees today. (There are also reports from people at the scene that police have arrested several of the activists.)

View this post on Instagram

A post shared by Jeremiah Moss (aka Griffin) (@vanishingny)

View this post on Instagram

A post shared by alice O (@alleyomalley11)

View this post on Instagram

A post shared by East River Park ACTION (@eastriverparkaction)

Top photo by @jeremoss

Judge issues new Temporary Restraining Order to stop work in East River Park

Today, Court of Appeals Judge Rowan Wilson has issued a new Temporary Restraining Order (TRO), halting construction underway in East River Park as part of the $1.45 billion East Side Coastal Resiliency project. 

According to East River Park Action, who has been opposed to the city's current plan for the park, the TRO remains in effect at least until the next hearing on Dec. 20. 

Arthur Schwartz, an attorney for the activists, told the Post: "We will be asking for all fences to come down and for the bike path and park south of Houston Street to be reopened [as soon as possible.]" (NY1 has more here.)

This is the second TRO advocates have been granted since the start of the demolition work on Nov. 1. (Last week, the Appellate Division lifted the TRO that had been in place starting on Nov. 2.)

As previously reported, the community lawsuit is challenging the project because it still needs an "alienation" vote by the state Legislature. 

On Monday, workers fenced off East River Park south of Stanton Street. An estimated 13 trees were removed yesterday, witnesses said.

East River Park Action and other activists have said some alternatives could preserve much of the park and protect the Lower East Side and surrounding neighborhoods from a 100-year-flood event and sea-level rise — one that doesn't cause 1,000 mature trees to be chopped down.

In late 2018, the city surprised community stakeholders by announcing a complete overhaul of a plan discussed over four years of local meetings. As Gothamist reported: "City officials cited fears about maintaining a floodable green space, as well the disruption to motorists on the F.D.R. Drive and potential dangers to Con Ed's power lines under the previous proposal."

The current plans call for gutting East River Park — burying the existing 57.5-acre park under fill and elevating it by 8-to-10 feet above sea level.

Meanwhile, still pending: A nonprofit sued the city for allegedly not including enough minority- and women-owned businesses in the construction contract for the ESCR.

A third lawsuit (dating to the spring) was brought against the city by The Tully Group, a large contractor that issued one of the two bids for the ESCR. 

Photo yesterday by Allie Ryan

Tuesday's parting shot

As the city's East Side Coastal Resiliency Project moves forward, workers began cutting down trees in East River Park south of Stanton Street today. 

This small grove of cherry trees was the first to go. 

Photo via @1000people1000trees. (Follow that account and @eastriverparkaction for ongoing updates throughout the day from East River Park.) 

In total, the city plans to cut down 1,000 trees during the five-plus year rebuild of the park.

East River Park closing below Stanton Street as resiliency work moves forward

East River Park below Stanton Street shuts down today as the most significant work to date gets underway here on the $1.45 billion East Side Coastal Resiliency project.

According to the weekly construction bulletin, these park amenities will now be locked up to the public: the amphitheater, southern athletic fields, basketball courts, lawn and water play area, Delancey Street Bridge, Brian Watkins Tennis Center, and the dance circle. 

The bulletin states that the work includes "installation of protective fences and site preparation, including clearing and grubbing." East River Park Action reported that the city will start cutting down the trees in this area south of Stanton as early as tomorrow. Under the city's resiliency plan, they'll need to remove 1,000 trees in total from East River Park. 

Click on the map below for more details ... everything within the pinkish zone is closed as of today...

Also today, the construction will close the East River Greenway that runs along the FDR between Montgomery Street and 10th Street.

Looking at the city's advisory, it's not immediately apparent what cyclists traveling north are supposed to do upon arriving at Montgomery Street. Presumably, cyclists will have to turn on Pike at the Manhattan Bridge and head north along Allen, then to First Avenue across Houston, etc. ... 

Commuters need to use the Corlears Hook Bridge for public access to the ferry. 

Park amenities north of Stanton Street will remain open for public use, with access at East Houston Street, Sixth Street and 10th Street. The city has said they will maintain public access to a minimum of 42 percent of the park throughout construction.

Last week, the Appellate Division lifted the Temporary Restraining Order from Nov. 2 that had been in effect to halt construction.

Work began in Project Area 1 — between Montgomery Street and East 15th Street — on Nov. 1, focusing on the Brian Watkins Tennis Center. 

As previously reported, the former Compost Yard was converted into green space to make up for some of the lost park access during construction/demolition over the next four-plus years. This lawn area is expected to be open for public use by the end of 2021. (The photo below is from Saturday.)   

Work continues in Project Area 2 between East 15 Street and 25th Street, including Asser Levy Playground, Stuyvesant Cove Park and Murphy Brothers Playground.

Construction on the East Side is expected to wrap up by the end of 2026.

Read our previous posts for more background on the ESCR and the opposition and controversy over the city's current plan.

East River Park Action and other activists say they will continue to fight for alternatives to preserve much of the park and provide interim flood control.

Updated 11 a.m.

There are reports of police arresting activists at the scene. The @1000people1000trees account is providing updates from the park.

Updated 5 p.m.

According to Gothamist, there were three arrests today. Activists say they plan to be back at it tomorrow.

PIX11 has coverage here.

Report: Advocates lose appeal to halt East River Park demolition; temporary restraining order lifted

Demolition can start up again in East River Park after the Appellate Division yesterday upheld a lower court's decision from August 2020 trying to halt the $1.45-billion East Side Coastal Resiliency Project (ESCR) from moving forward.

On Nov. 2, Justice Judith J. Gische of the Appellate Division granted a Temporary Restraining Order (TRO) on the demolition work in East River Park — Project Area 1 — that started on Nov. 1 below Houston Street at the Brian Watkins Tennis Center. (Read more about East River Action's TRO and Parkland Alienation appeal here.)

According to the Post:

 ... the Appellate Division, First Department upheld a lower court's decision to toss the suit, finding that the City Council — which approved the project in November 2019 — didn't need additional approval from the state.

"We do not discount petitioner's concerns that this project will impose a burden on the surrounding community that houses tens of thousands of residents," Tuesday's decision read.

And...

"The city expects that any burden caused by the project will be rewarded with a rejuvenated East River Park that is well protected from future storm surges, allowing the park to fulfill its role as a recreational area for many years and future generations," the ruling continued.

Arthur Schwartz, one of the lawyers for the petitioners, told the Post that he disagreed with the ruling and  planned to appeal. Said Schwartz: "We think that the Court of Appeals will be interested in reviewing it and we will be going there."

While work can start up again, other legal action is pending with the ESCR. A nonprofit sued the city for allegedly not including enough minority- and women-owned businesses in the construction contract for the ESCR.

A third lawsuit (dating to the spring) was brought against the city by The Tully Group, a large contractor that issued one of the two bids for the ESCR. 

East River Park Action and other advocates say there are alternatives to preserve the park and provide flood protection, such as the one mapped out in the years after Sandy. In late 2018, the city surprised community stakeholders by announcing a complete overhaul of a plan discussed over four years of local meetings.

The current plans call for gutting East River Park — burying the existing 57.5-acre park under fill and elevating it by 8-to-10 feet above sea level while also cutting down 1,000 mature trees.

Work is expected to be complete by the end of 2026. The city has said they will maintain public access to a minimum of 42 percent of the park throughout construction.

Temporary Restraining Order remains in effect at East River Park; first look at new green space

A few updates on what has (and has not) been happening at East River Park with the East Side Coastal Resiliency Project (ESCR)...

• A Temporary Restraining Order (TRO), dating to Nov. 4, remains in effect at Project Area 1 in East River Park ... the TRO brought the construction/demolition to a halt. Work started on Nov. 1 below Houston Street at the Brian Watkins Tennis Center. (Read more about East River Action's TRO here.) 

• A nonprofit sued the city for allegedly not including enough minority- and women-owned businesses in the construction contract for the ESCR. Media coverage includes NY1 ... the Post ... and The Village Sun. 

 • A third lawsuit (dating to the spring) was brought against the city by The Tully Group, a large contractor that issued one of the two bids for the ESCR. 

IPC Resiliency Partners, a newly formed joint venture, was the winning bidder.

Per NY1:

In a hearing [Nov. 12] before a panel of appellate judges, Jeffrey Cohen, a lawyer for Tully, argued that IPC effectively fudged its bid in order to meet a city requirement that the contractor have grossed at least $1 billion in revenue in the last fiscal year. 

"What we are concerned about almost as importantly as the flooding, almost as important as the ravages of climate change, is the integrity of the bids," Cohen told the judges.

More background here. 

• The DA on Friday declined to prosecute East Village residents Alice O'Malley and Allie Ryan, who were arrested on Nov. 1 for blocking the construction entrance to the tennis courts when preliminary construction got underway.

Per East River Park Action in an email: "They were in and out of court in 10 minutes when their desk appearance tickets were dropped."

• And here's a look at the former Compost Yard ... the city started removing this in mid-October when we took this photo (first reported here) ... 

Despite the TRO, work was allowed to continue here ... as the staging ground of the Lower East Side Ecology Center's composting operation was converted into green space to make up for some of the lost park access during construction/demolition over the next four years... here's a look at the area on Saturday...

And for some background... East River Park Action and other advocates say there are alternatives to preserve the park and provide flood protection, such as the one mapped out in the years after Sandy. In late 2018, the city surprised community stakeholders by announcing a complete overhaul of a plan discussed over four years of local meetings.

Opponents of this version of the reconstruction project stress that there's a better path forward to protect the Lower East Side and surrounding neighborhoods from a 100-year-flood event and sea-level rise — one that doesn't cause 1,000 mature trees to be chopped down.