Asser Levy/Seaside Park Seaside Summer Concert Series. A lawsuit filed today charges that Brooklyn Borough President Marty Markowitz's Seaside Summer Concert Series violates a city law which prohibits amplified sound within 500 feet of of “a school, courthouse or church, during the hours of school, court or worship." Sea Breeze Jewish Center and Congregation Temple Beth Abraham are approximatly 300 feet away. Plaintiffs charge the concerts have been illegally held in Asser Levy/Seaside Park since its inception in 1991. (File Photo, July 16, 2009 © By Geoffrey Croft/NYC Park Advocates) Click photo to enlarge.
PRESS RELEASE
FOR IMMEDIATE RELEASE
June 17, 2010
Media Contact:
Geoffrey Croft Norman Siegel, ESQ
NYC Park Advocates ( 212) 532-7586 - Office
(212) 987-0565 (347) 907- 0867 - Cell
(646) 584-8250 Cell
Lawsuit Filed to Prevent New York City and Marty Markowitz From
Violating NYC Sound Law Within 500 Feet Of
Religious Institutions • Concert Series in Asser Levy Park Affected
(New York - June 17, 2010) A lawsuit was filed today in Brooklyn Supreme Court seeking to prevent the City of New York and Brooklyn Borough President Marty Markowitz from violating a NYC Law prohibiting amplified sound within 500 feet of religious institutions. Mr. Markowitz sponsors an annual concert series in Asser Levy/Seaside Park, in Brighton Beach Brooklyn. This afternoon a Brooklyn Supreme justice signed an order to show cause setting a hearing on this matter for June 30th.
The suit is brought against defendants the City of New York and Brooklyn Borough President, Martin Markowitz, with regard to the violation of Title 10, Chapter 1, Section 10-108 (g) of the New York City Administrative Code, and Title 38, Chapter 8, Section 8-06 of the Rules and Regulations of the City of New York (together, the “Code”), which prohibit the use of electronic sound amplification equipment at any location within 500 feet of houses of worship during hours of worship. Plaintiffs are directly and adversely affected by the Defendants’ annual operation of the Parks Department band shell in Asser Levy Park, which comes within 500 feet of Plaintiffs’ houses of worship, as a concert and event venue using electronic sound amplification equipment.
Electronic sound amplification equipment is used during the concerts in addition to sound-checks and rehearsals. The first Seaside Summer Concert Series is scheduled for July 15.
In violation of the law, these concerts have coincided with the hours of worship of Plaintiff Congregation Sea Breeze Jewish Center and with the hours of worship of Plaintiff Congregation Temple Beth Abraham. The two synagogues are approx. 300 feet away.
The plaintiffs are represented by attorneys Norman Siegel and Herbert Teitelbaum.
"It is very sad that Mr. Markowitz has no compassion for the thousands of people whose community and quality of life will be hurt by his actions," said Ida Sanoff a plaintiff in the case. "He is unconcerned about flouting laws that protect the sanctity of religious institutions. "
"We are not against concerts just not right across the street from two synagogues. We will not stand by idly. A year ago we met in good faith to negotiate with Mr. Markowitz but all he did was stone wall us. Our borough president is not above the law." - Al Turk, First Vice President, Temple Beth Abraham, a plaintiff in the case.
In the past, defendants have presented, or allowed to be presented, concerts and other special events at the Asser Levy Park band shell, illegally using electronic sound amplification devices or apparatus either without the required permit for the use of sound amplification, or with an illegally issued permit.
"We are seeking an injunction against the defendants from operating electronic sound amplification equipment at the band shell during hours of worship, " said attorney Norman Siegel one of the plaintiffs' attorneys.
Use of sound amplification devices or apparatus in streets, parks and other public places within the City of New York is regulated by the Code which provides that sound amplification devices or apparatus may be used in such places only under specific and limited circumstances and conditions, and only with permits issued by the Police Department of the City of New York. The Code prohibits the use of sound amplification devices or apparatus at any location that is within 500 feet of “a school, courthouse or church, during the hours of school, court or worship, respectively.” N.Y.C. Admin. Code § 10-108(g). Accordingly, under such circumstances permits are not to be issued allowing sound amplification devices or apparatus.
Background:
Brooklyn Borough President Marty Markowitz' and Mayor Bloomberg are proposing to build a $ 64 million, 10-story, eight thousand seat commercial amphitheater in the middle of a park in a residential community. Opponents charge the proposed project, as currently planned, would destroy quality-of-life and also violate existing NYC Law prohibiting amplified sound within 500 feet of religious institutions when they are active. Two synagogues are approx. 300 feet away. New York City Administrative Code Section 10-108 Regulation of sound devices or apparatus - Regulation Of Sound Devices Or Apparatus. - New York Attorney Resources - New York Laws
The proposed concert arena would have more seats than Radio City Music Hall.
Brooklyn Borough President Marty Markowitz has allocated approx. $ 52 Million, Mayor Bloomberg $ 10 million, State Senator Carl Kruger and local Council Member Domenic Recchia, Jr. approx. $ I million each.
NYC Park Advocates Inc. is a non-profit, non-partisan watchdog group dedicated to restoring public funding, improving public parks, increasing public recreation programs, expanding open space and accessibility, and achieving the equitable distribution of these vital services in New York City for all. We are the only non-profit park advocacy group dedicated to all City, State and Federal parkland in New York City. For more information please visit us at nycparkadvocates.org
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