Union Square Park Restaurant: High-End Eatery Not Returning To Children's Pavilion

(Photos: Geoffrey Croft/NYC Park Advocates)  Click on images to enlarge

An empty Pavilion Market Cafe in Union Square Park at lunch time. Is the controversial restaurant faltering? The restaurant was forced to eliminate breakfast service months ago due to poor business.  "The staff have left in droves,"  said an employee.  "Its hard to staff a seasonal restaurant and it doesn't help when the business is not there."    

The City is allowing the restaurant to remain open until October 31, past yesterday's "on or about" October 15 deadline.

A Park Experience? The concessioner was required to install up to a seven foot high barrier to separate the playground from the restaurant which is on the other side of the faux grass on the wall (above). 

Manhattan

By Geoffrey Croft

The controversial restaurant will not be returning to the historic Woman's & Children's pavilion in Union Square Park NYC Park Advocates has learned.  

Administration officials are currently working out the details which would move the high-end eatery out of the pavilion building and into the north end of the plaza.

One of the sticking points left is how much of the north end would the restaurant take up and whether or not the indoor space which is currently being utilized by the restaurant's kitchen would be removed and instead be used for community and neighborhood uses. 

The de Blasio administration had initially rebuffed the community,  and the local elected officials who have been unanimous in their opposition.

In January in one of the first court appearances under the new administration  city lawyers argued before the New York Court of Appeals that luxury restaurants belong in public parks – and it doesn’t matter how much they charge to eat there,  how many people can't afford it or how much land they take away.  In fact,  the city said,  these eateries can take up to “98 percent” of a park. 

The de Blasio administration shockingly argued in the State's highest court that there is virtually is no limit in the amount of space a restaurant can occupy in a public park. The city also argued that didn't matter how high the prices were even if the vast majority of people would be prohibited from affording it  - a restaurant would qualify as a "park purpose" under the law.  

No More Breakfast. The cheapest food item is a single piece of shrimp for $ 4 dollars.

The City’s Law Department also vigorously argued that it retains the legal right in the license granted to the restaurant concessionaire to freely terminate the contract “at will” at any time, citing the agreement.  

The Court of Appeals decision came at a critical time as parkland alienation,  the sale,  lease or use of parkland for non-park purposes without State legislative authorization,  was routinely exploited under the Bloomberg administration.  Increasingly the city has allowed parkland to be taken from communities and used as cash cows or as free real estate for commercial or industrial purposes in flagrant disregard of the law critics charge.

In March, numerous City, State and Federal elected officials sent a strongly worded letter to Mayor de Blasio imploring him to cancel the Bloomberg - era contract to build the controversial high-end bar/restaurant in the historic pavilion.

There is nothing progressive about displacing families, children, seniors and eliminating one of the county's most historic free speech sites in a public park. On Sunday March 9, elected officials,  community residents and representatives from more than 50 neighborhood associations came together to call on Mayor De Blasio to void the concession agreement and give back the pavilion to the people and do what is right for New York City.  


In April  at a closed-door meeting close to a dozen elected officials and representatives met with top administration officials at City Hall.

The group included  Manhattan Borough President Gale Brewer,   NY State Assembly Member Richard N. Gottfried,  City Council Member Corey Johnson and representatives from  NY State Assembly Member Deborah Glick, State Senators Liz Krueger, Brad Hoylman, and Public Advocate Letitia James,  as well as a senior advisor to Speaker Melissa Mark-Viverito.   

Administration officials included Jon Paul Lupo,  director of the Office of City Legislative Affairs,   Marco Carrión, head of the mayor’s Community Affairs Unit, Emma Wolfe,  director of intergovernmental affairs and Peter Hatch, de Blasio's former chief of staff as Councilman and now senior advisor to first deputy mayor Anthony Shorris who lead the meeting.   

The elected officials presented their case and argued that the administration had the legal right to cancel the restaurant contract as the city had represented in court and won.

Administration officials were not moved. They countered by saying that canceling the contract was not so easy, a concept they were not so forthcoming about to the Court of Appeals, and was one of the major reasons why the court ruled in thier favor. 

Mayoral officials at the meeting also argued that canceling the contract would create "a bad precedent" for business.  

"They feel an obligation to the concessioner's investment, " said an elected official who attended the meeting, an account that was confirmed by several attendees.

"But what about the tens of millions in public money that was spent."    

The elected officials were not buying that excuse as both the city, and the concessioner were aware long before the business spent a dime that is was an issue.  

A few weeks after the meeting however elected officials were told by de Blasio officials that a deal had been made by the administration which would require the restaurant to move after the 2014 season which ends "on or about October 15"  according to concessionaire's license agreement with the city. 

NY State Assembly Member Richard N. Gottfried, and State Senator Liz Krueger  included the news of the move in their most recent newsletters. 

As Public Advocate Bill de Blasio wrote to the New York State Liquor Authority expressing his "concern" in granting Chef Driven Market a liquor license adjacent to a public playground.  

"I urge the State Liquor Authority  to explore and weigh whether the license being sought by  Chef Driven Market, LLC is in the best interests of this community," he wrote in the October 19, 2012 letter. (below)

"In your delberations, I urge you to consider the proximity of similar businesses in the immediate area and the effect of this type of establishment will have on children using the adjacent playground," de Blasio wrote.


March 9, 2014. Assembly Member Richard Gottfried making a point.  

Is The Restaurant Faltering? 

It appears the controversial Pavilion restaurant may be not selling as many $495 bottles of Cristal champagne as they had hoped.

Several Chef Driven Market employees painted a bleak picture of restaurant fortunes.

The restaurant was forced to eliminate breakfast service months ago due to poor business and now the cheapest food item is a single piece of shrimp for $ 4 dollars.

On a recent afternoon a slight but steady drizzle left only the center tables dry from the cold damp wetness.  

"The staff have left in droves," said a The Pavilion Market Cafe employee on a recent visit.

"Its hard to staff a seasonal restaurant and it doesn't help when the business is not there."

When asked to estimate how many staff remain the employee replied,  "scant."

"They're trying to extend it to November 8th but I don't think we'll make it. Look at it," the employee said while pointing to the empty restaurant.  

"The city will evaluate The Pavilion's performance during its first season, and make adjustments as deemed necessary to their operation moving forward," the Parks Department said in a statement declining to comment on the deal.

The City is also allowing the restaurant to remain open until October 31, past yesterday's October 15th deadline because they opened on May 1st,  fifteen days later than thier contract specified. 

Background

The area around Union Square Park has the lowest amount of playground space but the highest concentration of restaurants in the entire city.  Since 2004 Mayor Michael Bloomberg and the Union Square Partnership — a Business Improvement District/Local Development Corporation — have attempted to seize thousands of square feet of potential recreation and neighborhood space by turning the historic pavilion into a high-end restaurant.  The BID has been allowed to dictate public land use policy aided by an eight million dollar anonymous donation.

For the past decade the community has been fighting to have the historic pavilion in Union Square Park restored to its former uses which include a sheltered,  indoor recreation center that served a variety of year-round recreation and free public uses for children,  teens,  families,  seniors,  and the greater community at large.

In 2004,  Save Union Square Park,  a grass roots,  community - based campaign was organized by NYC Park Advocates to advocate for the needs of the community. With the help and support of 57 community organizations,  elected officials and a broad-based labor coalition,  the campaign succeeded in defeating an irresponsible plan to create a year-round restaurant and greatly increased the amount of playground space,  much of it recaptured from play areas lost to the previous seasonal cafe.

Plaintiffs including the Union Square Park Community Coalition sued claiming the City violated the Public Trust Doctrine which says that municipal park land can not be used for non-park purposes without the consent of the State Legislature. 

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No Limits On Restaurant Space Or Prices In Parks - City

A Walk In The Park -  January 16,  2014 - By Geoffrey Croft

As Public Advocate Bill de Blasio wrote to the New York State Liquor Authority expressing concern. 

Elected officials including Rosie Mendez, Dan Garodnick and Gale Brewer also wrote to the State Liquor Authority. 

New York Court of Appeals To Hear Controversial Union Sq. Park Restaurant Case

Baby Yoga  - 2012 - Union Square Park Pavilion.  For more than 130 years, the park‘s pavilions have served many vital functions - a playspace for children, a bandstand, a reviewing stand, a speakers’ rostrum, and as a focal point for countless labor rallies and social protests. Despite this history, and the serious need for additional recreational and sheltered community space, since 2004 Mayor Michael Bloomberg and the Union Square Partnership — a Business Improvement District/Local Development Corporation — have attemped to sieze thousands of square feet of potential recreation and neighborhood space by turning the historic pavilion into a high-end restaurant.  The BID has been allowed to dictate public land use policy aided by an eight million dollar anonymous donation.

In doing so they have also attempted to by-pass the NY State Legislature in violation of the Public Trust Doctrine, a law that provides robust protection for parkland and dates back to the 19th century in New York, and has its roots in ancient Roman law. 

For the first time in more than twelve years The New York State Court of Appeals will consider the Public Trust Doctrine,  and will hear oral arguments on Tuesday at 2:30 and shown live on the Court's website.  

(Photos: Geoffrey Croft/NYC Park Advocates) Click on images to enlarge

From Free Children, Cultural, First Amendment and Community Park Uses To This.  Rendering of proposed high-end bar and restaurant in the historic pavilion by Chef Driven Market, owners of Five Napkin Burger chain.   

The area around Union Square Park has the lowest amount of playground space but the highest concentration of restaurants in the entire city.  In Community District 5 there are only two playgrounds, but there are more than 150 eating establishments, bars and markets within just a two-block radius of the park.   

Will the de Blasio administration defend a failed Bloomberg-era privatization policy.   

— Geoffrey Croft

Albany/Manhattan

On Tuesday, January 14, 2014, and for the first time since Friends of Van Cortland Park v. City of New York in 2001, the New York Court of Appeals will consider the Public Trust Doctrine, which provides that once land has been acquired for use as a municipal park, it cannot be used for any other purpose without the approval of the State Legislature.  In Union Square Park Community Coalition (USCC), et al. v. City of New York, et al., the Plaintiff community group USCC — which is responsible for the rebirth of Union Square Park after decades of neglect — opposes a Bloomberg-era plan to install a high-end, commercial restaurant in the Park's historic Pavilion at the expense of children and the greater community.    

In January 2013, the Supreme Court in Manhattan in a strongly worded opinion blocked the restaurant as a violation of the Public Trust Doctrine.  Later in the year, the Appellate Division reversed the lower court's decision with a summary, one sentence decision.  On appeal, the Court of Appeals will consider the Public Trust Doctrine that dates back to the 19th century in New York, and has its roots in ancient Roman law, and provides robust protection for parkland.  

The Court of Appeals will hear this case at a critical time. Parkland alienation, the sale, lease or use of parkland for non-park purposes without legislative authorization, is a growing concern.  Increasingly, municipal governments are taking parkland from communities, using them as cash cows or as free real estate for commercial or industrial purposes in flagrant disregard of the law.  Tuesday's Court of Appeals argument comes on the heels of two decisions in the last month - Spring Creek Park in Brooklyn and NYU -  in which NY state courts found that the City violated the Public Trust Doctrine by allowing city parkland to be used for non-park purposes without approval from the State Legislature. 

Sanford (Sandy) Weisburst from Quinn Emanuel Urquhart & Sullivan LLP will be presenting oral arguments for the plaintiffs.

 “The plan for the Pavilion and the plaza threaten the historical use of the North Plaza as a public gathering place, and excludes the public from an important part of the public park," said NY State Assembly Member Richard Gottfried, whose district includes Union Square Park and is a plaintiff in the lawsuit.

"The pavilion should be re-established to its original intent as public space.  The Parks Department should open the building for free public uses as well give other organizations the opportunity to submit proposals in a fair and open process that allows for community input.” 

July 14, 2013 - Tango in the Park.   The Union Square Partnership BID has spent millions of dollars trying to prevent the public from accessing the pavilion.  The proposed restaurant would be open from the spring through the fall when the public's use and need of the park is the greatest.

From Arts & Cultural Programming to This.  Rendering of the exterior of the proposed Chief Driven Market high-end restaurant in the historic pavilion.  The proposed commercial entity would prohibited a variety of community uses in and around the building.


"The Pavilion should returned to its historic role as a recreation site for children,” said former City Council member and plaintiff Carol Greitzer.  

“We hope the new administration will now work with us to restore the too-long-idle Pavilion to its traditional historic role.”    

Ms. Greitzer also pointed out that the adjacent playground had few play features for children with disabilities, and little for older kids. She said the pavilion should be utilized to provide expanded services for these and other groups. 

 “The Union Square Partnership/Bloomberg Administration plan to build a restaurant at the expense of the children and the community is shameful,” said Geoffrey Croft, a plaintiff and board member of The Union Square Community Coalition which brought the suit. 

“No BID should be allowed to dictate public land use policies, and especially under the influence of anonymous donations.”

"The factual record clearly establishes that the proposed pavilion restaurant does not serve proper park purposes," said Reed Super, Esq., founder of Super Law Group who have represented USCC since 2008. 

"We look forward to our day in court and to a decision that preserves the pavilion for community use and upholds the core principles of New York's Public Trust Doctrine."  

Background:  The area around Union Square Park has the lowest amount of playground space but the highest concentration of restaurants in the entire city.  In Community District 5 there are only two playgrounds, but there are more than 150 eating establishments, bars and markets within just a two-block radius of the park.   Since 2004 the community around the park has been fighting an irresponsible plan by the Union Square Partnership,  a Business Improvement District/Local Development Corporation, and the Bloomberg administration to install a high-end restaurant depriving children and the community of desperately needed play space. 

The neighborhood has long fought to use the covered Pavilion as it was originally intended, for children and community uses.  The Pavilion should be renovated and restored to its former uses which include a sheltered, indoor recreation center that serves a variety of year-round recreation and free public uses.  

Despite vehement community opposition the plan would take away thousands of square feet of potential recreation and community space for six months of the year in order to accommodate a seasonal restaurant.  

The BID is being allowed to dictate public land use policies aided by an eight million dollar anonymous donation. It has spent millions of dollars attempting to take away and privatize much needed public space from the community - unlike Manhattan's other pavilion in Columbus Park which was handsomely restored and given back to the neighborhood for community activities.  

Table For Two?  Eliminating the park's historic free speech and rally space. The proposed new seasonal restaurant including the outdoor seating area is expected to severely impede on the parks' historic first amendment and free space role in the Northern plaza as the city will be less inclined to issue permits for large gatherings in order to protect the commercial interests and the physical "improvements" of the restaurant. 

Allowing the Pavilion to be converted into a seasonal restaurant will dramatically alter the Park's historic first amendment and free speech uses. Union Square was designated as a National Historic Landmark in large part because of these uses which began in 1882.

Bloomberg-era free speach policy impacted the use of the pavilion.  On May Day 2012 marchers were kept away from the building (above) by galvanized steel crowd control barricades (below) manned by park workers.





















Critics also charge that allowing the Pavilion to be converted into a seasonal restaurant will dramatically alter the Park's historic first amendment and free speech uses. Union Square is a National Historic Landmark because it was the site of the first Labor Day celebration in 1882 when the pavilion in the north end first served as the platform for speakers, as it has done on countless other occasions since. 

In March 2012 the city quietly approved a new fifteen-year deal with Chef Driven Market, LLC the owner of a number of high-end restaurants to build a controversial restaurant with upscale prices in the Children's Pavilion in Union Square Park.  A previous deal collapsed in September 2011. 

In 2004, Save Union Square Park, a grass roots, community - based campaign was organized by NYC Park Advocates to advocate for the needs of the community. With the help and support of 57 community organizations, including USCC, one of the City's oldest park advocacy organizations, elected officials and a broad-based labor coalition, the campaign succeeded in defeating a controversial plan to create a year-round restaurant and greatly increased the amount of playground space, much of it recaptured from play areas lost to the previous seasonal cafe.

The plaintiffs in the lawsuit have vowed to continue to try to prevent the City and the BID from taking way potential play space from children and the community. 

State Senators Liz Krueger and Brad Hoylman and Assembly Member Deborah Glick and former Council Member (now Manhattan Borough President) Gale Brewer have joined the fight by filing an amicus curiae (“friend of the court”) brief. 

Quinn Emanuel Urquhart & Sullivan LLP is representing The Union Square Park Community Coalition (USCC) and several individual plaintiffs in the in the New York Court of Appeals.  The Quinn Emanuel team is led by partner Sanford (Sandy) Weisburst and includes of counsel Andrew Dunlap and associate Yelena Konanova.

Super Law Group, LLC has represented USCC in its efforts to return the Union Square Park pavilion to community use since 2008, and has twice obtained preliminary injunctions blocking the proposed restaurant.  The Super Law Group team is lead by Reed Super and includes associates Alexandra Hankovszky and Edan Rotenberg.  

Arte Institute's NY Portuguese Short Film Festival at Union Square Park Pavilion - 2012.  

Tango In The Pavilion. - 2013. The community has been fighting for the space to be used for desperately needed play space for children and other free community uses. 

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New York Post - January 13, 2014 - By Julia Marsh 

Judges to Consider City Plan for Union Square Park Restaurants

New York Law Journal -  January 6, 2014 - By Joel Stashenko 

Judge Stops Union Square Restaurant Plan

A Walk In The Park - January 9, 2013 - By Geoffrey Croft

Pricey New Union Square Restaurant Operator Named- Lawsuit Being Prepared

A Walk In The Park - March 14, 2012  - By Geoffrey Croft

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Controversial Union Sq. Restaurant Deal Collapses

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Union Square Park Pavilion Concessionaire Announced - Lawsuit Being Prepared

A Walk In The Park - May 17, 2011

Mayor Bloomberg's Union Square Park restaurant deal tasteless

New York Daily News - April 30, 2008 - By Juan Gonzalez

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New York Times - April 23, 2008 - By Timothy Williams

Judge Extends Injunction Against Union Square Restaurant 

NY1 - April 28, 2008

Groups Protest Planned Restaurant In Union Square Park

NY1 - October 17, 2005

Bloomberg Unveils Redesign Plan for Union Square Park

Faces Chants of Protesters

The New York Sun - October 26, 2004 - By Dina Temple-Raston

Pricey New Union Square Restaurant Operator Named- Lawsuit Being Prepared

"Licensee shall make every effort to keep alcohol consumption discrete." - Union Square Park Pavilion License agreement between Chef Driven Market and the Parks Department.

The city has quietly approved a new fifteen-year deal to build a controversial restaurant in the Children's Pavilion in Union Square Park with upscale prices. A previous deal collapsed in September. Critics of the plan say despite vehement community opposition, Mayor Michael Bloomberg and The Union Square Partnership (BID) are attempting to take away thousands of square feet of potential recreation and community space for six months of the year in order to accommodate a seasonal restaurant.

The community wants the pavilion renovated and restored to its former uses which include a sheltered, indoor recreation center that serves a variety of year-round recreation and free public uses.

The agreement also allows the concessionaire to take parkland north of the pavilion for an outdoor seating area to serve alcohol. The park's northern plaza has historically been used for first amendment and free speech activity for more than 130 years.

A new lawsuit is being prepared. (Photos: © Geoffrey Croft/NYC Park Advocates)

Manhattan

By Geoffrey Croft

The City has finally chosen another operator to build a controversial restaurant in the Children's Pavilion in Union Square Park, NYC Park Advocates has learned.

Simon Oren's Chef Driven Market, LLC., the owner of a number of high-end restaurants was picked as the new concessionaire of a proposed seasonal restaurant under a fifteen-year deal. The pricey eatery and bar would be open from 7 am to 12 midnight and serve breakfast, lunch and dinner. Brunch prices up to $ 19.95 with omelets up to $17.95; dinner entrées from $ 13.95 to $ 33.95; and breakfast fair up to $ 15.95, and deserts for $ 14.95 according to the schedule of approved menu items and pricing plan.

The facility would be open from April 15 - October 15th - when the public's need for and use of park space is the greatest.

For years administration officials have repeatedly told the community it would be moderately priced establishment in one of its many attempts to blunt public criticism for the restaurant plan. They also promised to go back to the community board for approval which they never bothered to do.

The concessionaire would also be allowed to serve alcohol outside in the north end of the park's historic plaza. The area would extend 17 feet from the pavilion and include an outdoor seating area which "shall have a cordoned off portion for serving alcoholic beverages."

Hide in Plain Sight? "Licensee shall make every effort to keep alcohol consumption discrete," according to the license agreement between Chef Driven Market and the Parks Department.

During operating hours Licensee shall assign, "two or more employees at entrances to ensure that outgoing customers do not remove alcohol from the Café area." The concessionaire is also required to train all staff members to monitor and enforce the designated alcohol consumption areas.

Alcohol prices were conspicuously absent from the approved items and pricing plan.

And if the concessionaire is unable to obtain an alcohol license from the State Liquor Authority, "the parties shall hereto shall cooperate in good faith to agree to an equitable solution," according to the agreement.

The large operation will be required to employ at least 99 employees including 40 servers and assistants, 19 kitchen staff , 7 bartenders, and 3 security staff.

The development and operation of a year-round satellite kiosk located on 17th Street, west of the pavilion is also part of the agreement. The stand alone kiosk is allowed to sell food and beverages, newspapers and magazines.

Tango inside the Union Square Park pavilion - June 18, 2011. For more than 7 years the community around Union Square Park has been fighting for the historic pavilion to be restored and used exclusively for year-round children and community uses like the pavilion in Columbus Park in Chinatown. The Union Square Partnership (BID) and the Mayor however want it used for a restaurant. In an effort to blunt public criticism for the commercial use of the public parkland, concessionaire has agreed to provide "community programming" for at least 2 hours, once a week out of a total of 119 hours the establishment is open weekly. They have also agreed to a minimum of 15 hours over six months (out of 3094 total operating hours) for Greenmarket educational tours and classes for children.

The Simon Oren owned Chef Driven restaurant group includes more than a dozen New York restaurants, cafés and fast food businesses including the Tour de France Restaurant Group, Barbounia, Nizza, Deluxe (on the Upper West Side), and the Five Napkin Burger chain.

Under the terms of the deal the concessionaire will pay the city the higher of a minimum annual fee (Year 1: $300,000; Year 2: $309,000; Year 3: $318,270; Year 4: $327,818; Year 5: $337,653; Year 6: $347,782; Year 7: $358,216; Year 8: $368,962; Year 9: $380,031; Year 10: $391,432; Year 11: $403,175; Year 12: $415,270; Year 13: $427,728; Year 14: $440,560; Year 15: $453,777) or ten (10) percent of gross receipts. Gross receipts also includes sales from catering food and beverage services.

Under the terms of the previous deal - which collapsed in September when celebrity chef Don Pintabona backed out - fees were supposed to start at a minimum of $400,000 a year or 18 percent of gross revenues and escalate by 5% each year of the 15-year license term. The concessionaire had also committed to a minimum capital investment of over $1.1 million to build the seasonal restaurant. Luna Cafe - occupied an south of pavilion paid the city $ 217,000 in its last year of operation.

Critics of the plan have long contended the restaurant will take away desperately needed year-round play space from children and a vital community space for the neighborhood. The area around Union Square Park has the lowest amount of playground space but the highest concentration of restaurants in the entire city. In CB 5 there are only two playgrounds but more than 150 eating establishments, bars and markets within just a two-block radius of the park. To make matters worse the Parks Department recently removed a popular playground in the park without any community input or notification.

Critics also charge that allowing the pavilion to be converted into a seasonal restaurant will dramatically alter the Park's historic first amendment and free speech uses. For more than a 130 years the Park's pavilions have served as a backdrop for countless labor rallies and social protests. It is this important role which served as one of the main reasons why the park was designated a National Historic Landmark in 1997.

Table For Two? Eliminating the park's historic free speech and rally space. The proposed new seasonal restaurant including the outdoor seating area is expected to impede on the parks' historic first amendment and free space role in the Northern plaza as the city will be less inclined to issue permits for large gatherings in order to protect the commercial interests of the restaurant. (Photo: Justine Lane/EPA)

Union Square Park's historic pavilion located on the northern end of the park was once again the backdrop for social protest movement as thousands of people gathered for a Occupy Wall Street Student Rally on November 17, 2011.

Addressing the crowd from the Pavilion - November 17, 2011 (Photo: Andy Kuhn)

The Union Square Community Coalition, one of the City's oldest park advocacy organizations, has vowed to go back to court to prevent the City and the BID from taking way potential play space from children.

For more than seven years a broad based coalition has fought to restore the historic pavilion for children and community uses year round.

In 2004, Save Union Square Park, a grass roots, community - based campaign was organized by NYC Park Advocates to advocate for the needs of the community. With the help and support of 57 community organizations, elected officials and a broad-based labor coalition, the campaign succeeded in defeating an irresponsible plan to create a year-round restaurant and greatly increased the amount of playground space, much of it recaptured from play areas lost to the previous seasonal cafe. The new playground doubled the amount of playground space in the park. The original Union Square Partnership playground plan provided an increase of just 15%.

The bar/restaurant would be inches away from a heavily utilized playground.

The area around Union Square Park has the lowest amount of playground space and the Highest concentration of restaurants in the entire city. Compounding the problem, the Parks Commissioner recently eliminated a popular sand playground located on the West side of the

park without any community consultation.

Winter Wonderland? Under the city's plan children are expected to play in the open air pavilion under heating lamps located in the ceiling for the remaining six months of the year. Instead of utilizing renovated and newly created indoor space for children and the community they built a kitchen instead. Programming will be severely limited due to space the weather restrictions.

A new stand-alone food kiosk on 17th Street, west of the pavilion and playground is also part of the deal. It will replace a newsstand which was formerly at that location and will offer food and beverages year-round. (Photos: © Geoffrey Croft/NYC Park Advocates)

Legal Background:

After years of failing to address the community's wishes, Union Square Community Coalitionunfortunately was forced to seek relief though the legal system. On April 19, 2008, the Union Square Community Coalition filed a lawsuit (USCC v. NYC Parks, Index No. 08/105578)

challenging the Parks Department and Union Square Partnership's (BID) plans to install a restaurant in the historic pavilion.

On April 22, 2008, New York State Supreme Court Justice E. H. Stackhouse issued a Temporary Restraining Order (TRO) against the City/BID thus halting the project in all respects except those necessary to make site safe for the public. On May 7, 2008, State Superior Court Justice Jane S. Solomon allowed construction to proceed on the renovation of the North end of the park but extended the injunction which prevented 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 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.

On March 30, 2009 Justice Solomon dismissed the lawsuit ruling the suit is too early to file and is not ready (ripe) until the City is further along with the restaurant. The main issue, whether or not the restaurant needs to go through the state legislation was not decided.

In dismissing the lawsuit Justice Solomon also reaffirmed a legal position that not all restaurants in all parks are universally acceptable.

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