The next chapter in the long-running fight to open a restaurant inside of the historic pavilion in the northern part of Union Square Park is now unfolding, with an Appeals Court hearing oral arguments today. Before we dig into that, we need to take a moment to refresh our memories on this contentious issue, which is almost a decade old. Let us tell you a story:
It's 2004 and we are just 1/4 of the way through our semi-permanent Mayor Bloomberg's 12-year reign. Things are looking up around NYC—we had record surpluses, hosted the Republican National Convention where our dear leader endorsed President Bush for reelection, and everyone was quite literally breathing a little easier thanks to the freshly minted smoking ban. Not too shabby, but why stop there? Something something unlimited power. Bloomberg, along with the Union Square Partnership—a Business Improvement District/Local Development Corporation—lecherously eyed the Union Square Park pavilion as a great space to put up a hot new dining spot.
To the archives! It was in 2005 that we first heard official rumblings of a restaurant being planned for the inside Union Square. By 2008, some were dreaming greasy dreams of a Shake Shack South. Some community groups and park advocates said "Seriously?" and the Law eventually said "Wait." In the spring of 2011, the city announced they had finally found the perfect restauranteur to helm the venture, but, alas, as the leaves began to turn and fall, so did the promise of fine dining among the green flowers of Union Square, with news that the O-V Hospitality Group had pulled out of the deal. Rumors of those behind 5 Napkin taking up the banner amounted to nothing more, and at the turn of the new year in 2013, a judge blocked the Parks Department from moving forward due to a lack of approval from the state legislature.
Then, in the summer of 2013, New York State Appellate judges unanimously rejected a lawsuit brought by park advocates that would permanently prevent the city from turning all of Manhattan into one giant restaurant, covering the entire island in a geodesic-dome connected by hamster tubes going through with their plans, opening the door once again for the City to move forward in the twilight of Bloomberg's mayorship.
And so here we stand in this roller coaster winter of 2014, and the infamous Union Square restaurant is back in the headlines. On Monday, A Walk In The Park reported that the New York State Court of Appeals was set to hear oral arguments, centering around the Public Trust Doctrine, on Tuesday afternoon.
The Public Trust Doctrine is a state 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." In the Friends of Van Cortland Park v. City of New York Case, the former are contending that the latter is attempting to illegally bypass the State Legislature by seizing "thousands of 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."
A Walk In The Park also notes that "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." Parks advocate Geoffrey Croft, among others, would like to know if Mayor de Blasio will continue a "failed Bloomberg-era privatization policy."
For now at least, the de Blasio administration will continue to fight the appeal, arguing that "the restaurant would only take up 2.1 percent of the park." DNAinfo reports that Deborah Brenner, the attorney representing the city, told the court that children would be welcome in the pavilion during the winter months when the restaurant would be closed, arguing that restaurants, too, "serve a recreational purpose."
If the Court of Appeals sides in favor of the City, the restaurant will be able to more forward "without having to clear any additional hurdles." On the other hand, if the community group wins, the project will go to the State legislature for a vote. They are expected to make a decision within the next 30 days.
