Landmark West!, Virginia Parkhouse, the New York City Landmarks Preservation Commission and Manhattan Borough President Scott Stringer: What Really Happened
A recent New York Times article (April 12, 2008, Metro Section, pB1) tells thestory of Virginia Parkhouse-devoted preservationist, long-time Landmark West! volunteer, hardy citizen and, not coincidentally, target of small-minded, vindictive politicians. Click here for the"back story" behind the Times report...
In addition to a couple of minutes' worth of mandatory reading for any civic-minded New Yorker, you will find links to court papers filed by attorney Whitney North Seymour, Jr., defending Parkhouse against a NYC Department of Investigation subpoena issued after she testified at aLandmarks Preservation Commission public hearing in October 2006. You'll also find a link to a fascinating Amicus Curiae Brief filed by the New York Civil Liberties Union in support of Parkhouse's first amendment rights. Excerpts from the brief are included below.
Excerpts from the New York Civil Liberties Union Amicus Curiae Brief (dated December 27, 2007) in Parkhouse v. Stringer
"Virginia Parkhouse has spoken as a private individual before the New York City Landmarks Preservation Commission and now finds herself investigated and subpoenaed by the Department of Investigation of the City of New York ("DOI") for non-perjurious statements made at the hearing." (p. 2)
"The very purpose of the First Amendment is to foreclose public authority from assuming a guardianship of the public mind."(citing Supreme Court decision Meyer v. Grant, 486 U.S. 414, 419 (1988)). (p. 2)
"Exercise of subpoena power to demand an individual to account for their speech before a public commission subverts those constitutional values that allow the people to decide the merit of political debate. By forcing Ms. Parkhouse to testify under oath concerning her statements to a public commission and by threatening prosecution, DOI has burdened her right to free speech without any connection to a legitimate governmental interest." (p. 3)
"An individual's representations before a public commission are expression, pure political speech to which the most rigorous First Amendment protection applies." (p. 4)
"Much like the additional speech required in McIntyre, the subpoena issued to Ms. Parkhouse undoubtedly burdens her First Amendment right to speak before a commission concerning issues of public importance. The practical burden of compliance with a subpoena includes hiring an attorney, appearing before the DOI at the appointed time, and facing a battery of hostile questions under oath. Undoubtedly these increased personal costs would make even a civic-minded individual such as Ms. Parkhouse secondguess whether he or she should express their opinion before a public commission." (p. 8)
"The First Amendment interests in this case are not confined to the personal rights of [the recipients of a subpoena.] Although their rights do not rest lightly in the balance, far weightier than they are the public interests in First Amendment freedoms that stand or fall with the rights that these witnesses advance for themselves."(quoting decision Bursey v. United States, 466 F.2d 1059, 1083 (9thCir. 1972)). (p. 9)
"The First Amendment does not convey a "right" to the public to hear only a sanitized and government-approved version of the truth; rather the public holds a right to state what they believe the views of their leaders to be, even if those beliefs are mistaken." (p. 11)
"Any further investigation serves only a retributive interest in prosecuting Ms. Parkhouse for her speech." (p. 16)
Preserving the best of the Upper West Side's neighborhood character and architectural heritage.
Tuesday, April 22, 2008
Friday, April 11, 2008
UPDATE: Shearith Israel Hearing: April 15 Hearing for Zoning Variances
UPDATE: The Board of Standards & Appeals has let us know that the Congregation Shearith Israel application will be considered in the afternoon session, which is scheduled to begin at 1:30 p.m. Read on for more details.
Third and (Perhaps) Final Public Hearing at NYC Board of Standards and Appeals on Congregation Shearith Israel's Condo Plan for West 70th Street
Consider this email urgent notice to all of you who care about preserving the scale and character of our city's low-rise rowhouse midblocks, the rationale of New York's zoning laws, and the integrity of the public process intended to defend our neighborhoods from inappropriate development. Just think of all of the other institutional developers lined up for zoning variances around the city-St. Vincent's Catholic Medical Center, the New-York Historical Society, The Ramaz School, the list goes on and on...Connect the dots (and note that developer Jack Rudin, one of the city's most politically connected developers, is involved in both Congregation Shearith Israel and the St. Vincent's plan). This could well be the hearing that determines YOUR community's future. The hearing is open to all, and anyone may speak (even if you already spoke at a previous hearing).
DATE: Tuesday, April 15, 2008
TIME: Afternoon Session Will Begin at 1:30 p.m.
PLACE: Board of Standards and Appeals, 40 Rector Street, 6th Floor (take #1
subway to Rector Street, walk west)
YOU can help win a key battle, one with major ramifications for the entire city. Just by showing up-even just for 30 minutes or an hour.
YOU can help reinforce the importance of a fair and balanced review process, one that isn't weighted toward the developer and major institutions. It's important to note that, despite over a year of paper filings and public hearings, Congregation Shearith Israel still has failed to prove that it meets the standard for any of the 7 zoning variances from BSA it would need to build a 105'-tall building with 5 floors of luxury condos stacked on top of a new community house.
YOU can help hold the line against out-of-scale development that diminishes quality of life. Because of the luxury condos, this new building would be more than twice as tall as any other building on the brownstone midblock of West 70th Street, undermining both its contextual zoning and landmark protection as part of the Upper West Side/Central Park West Historic District, designated by the Landmarks Commission in 1990. For more information, visit www.protectwest70.org.
We know mid-day hearings aren't easy, and we wouldn't ask if your presence weren't vitally important. Showing up means just as much as speaking up, so please make every effort to attend even if you don't plan to testify!
Third and (Perhaps) Final Public Hearing at NYC Board of Standards and Appeals on Congregation Shearith Israel's Condo Plan for West 70th Street
Consider this email urgent notice to all of you who care about preserving the scale and character of our city's low-rise rowhouse midblocks, the rationale of New York's zoning laws, and the integrity of the public process intended to defend our neighborhoods from inappropriate development. Just think of all of the other institutional developers lined up for zoning variances around the city-St. Vincent's Catholic Medical Center, the New-York Historical Society, The Ramaz School, the list goes on and on...Connect the dots (and note that developer Jack Rudin, one of the city's most politically connected developers, is involved in both Congregation Shearith Israel and the St. Vincent's plan). This could well be the hearing that determines YOUR community's future. The hearing is open to all, and anyone may speak (even if you already spoke at a previous hearing).
DATE: Tuesday, April 15, 2008
TIME: Afternoon Session Will Begin at 1:30 p.m.
PLACE: Board of Standards and Appeals, 40 Rector Street, 6th Floor (take #1
subway to Rector Street, walk west)
YOU can help win a key battle, one with major ramifications for the entire city. Just by showing up-even just for 30 minutes or an hour.
YOU can help reinforce the importance of a fair and balanced review process, one that isn't weighted toward the developer and major institutions. It's important to note that, despite over a year of paper filings and public hearings, Congregation Shearith Israel still has failed to prove that it meets the standard for any of the 7 zoning variances from BSA it would need to build a 105'-tall building with 5 floors of luxury condos stacked on top of a new community house.
YOU can help hold the line against out-of-scale development that diminishes quality of life. Because of the luxury condos, this new building would be more than twice as tall as any other building on the brownstone midblock of West 70th Street, undermining both its contextual zoning and landmark protection as part of the Upper West Side/Central Park West Historic District, designated by the Landmarks Commission in 1990. For more information, visit www.protectwest70.org.
We know mid-day hearings aren't easy, and we wouldn't ask if your presence weren't vitally important. Showing up means just as much as speaking up, so please make every effort to attend even if you don't plan to testify!
Thursday, April 10, 2008
Shearith Israel Hearing: April 15 Hearing for Zoning Variances
Third and (Perhaps) Final Public Hearing at NYC Board of Standards and Appeals on Congregation Shearith Israel's Condo Plan for West 70th Street
Consider this email urgent notice to all of you who care about preserving the scale and character of our city's low-rise rowhouse midblocks, the rationale of New York's zoning laws, and the integrity of the public process intended to defend our neighborhoods from inappropriate development. Just think of all of the other institutional developers lined up for zoning variances around the city - St. Vincent's Catholic Medical Center, theNew-York Historical Society, The Ramaz School, the list goes on and on...Connect the dots (and note that developer Jack Rudin, one of the city's most politically connected developers, is involved in both Congregation Shearith Israel and the St. Vincent's plan). This could well be the hearing that determines YOUR community's future. The hearing is open to all, and anyone may speak (even if you already spoke at a previous hearing).
DATE: Tuesday, April 15, 2008
TIME: TBA
PLACE: Board of Standards and Appeals, 40 Rector Street, 6th Floor (take #1 subway to Rector Street, walk west) YOU can help win a key battle, one with major ramifications for the entire city. Just by showing up-even just for 30 minutes or an hour.
YOU can help reinforce the importance of a fair and balanced review process, one that isn't weighted toward the developer and major institutions. It's important to note that, despite over a year of paper filings and public hearings, Congregation Shearith Israel still has failed to prove that it meets the standard for any of the 7 zoning variances from BSA it would need to build a 105'-tall building with 5 floors of luxury condos stacked on top of a new community house.
YOU can help hold the line against out-of-scale development that diminishes quality of life. Because of the luxury condos, this new building would be more than twice as tall as any other building on the brownstone midblock ofWest 70th Street, undermining both its contextual zoning and landmark protection as part of the Upper West Side/Central Park West Historic District, designated by the Landmarks Commission in 1990. For more information, visit www.protectwest70.org.
We know mid-day hearings aren't easy, and we wouldn't ask if your presence weren't vitally important. Showing up means just as much as speaking up, so please make every effort to attend even if you don't plan to testify!
Consider this email urgent notice to all of you who care about preserving the scale and character of our city's low-rise rowhouse midblocks, the rationale of New York's zoning laws, and the integrity of the public process intended to defend our neighborhoods from inappropriate development. Just think of all of the other institutional developers lined up for zoning variances around the city - St. Vincent's Catholic Medical Center, theNew-York Historical Society, The Ramaz School, the list goes on and on...Connect the dots (and note that developer Jack Rudin, one of the city's most politically connected developers, is involved in both Congregation Shearith Israel and the St. Vincent's plan). This could well be the hearing that determines YOUR community's future. The hearing is open to all, and anyone may speak (even if you already spoke at a previous hearing).
DATE: Tuesday, April 15, 2008
TIME: TBA
PLACE: Board of Standards and Appeals, 40 Rector Street, 6th Floor (take #1 subway to Rector Street, walk west) YOU can help win a key battle, one with major ramifications for the entire city. Just by showing up-even just for 30 minutes or an hour.
YOU can help reinforce the importance of a fair and balanced review process, one that isn't weighted toward the developer and major institutions. It's important to note that, despite over a year of paper filings and public hearings, Congregation Shearith Israel still has failed to prove that it meets the standard for any of the 7 zoning variances from BSA it would need to build a 105'-tall building with 5 floors of luxury condos stacked on top of a new community house.
YOU can help hold the line against out-of-scale development that diminishes quality of life. Because of the luxury condos, this new building would be more than twice as tall as any other building on the brownstone midblock ofWest 70th Street, undermining both its contextual zoning and landmark protection as part of the Upper West Side/Central Park West Historic District, designated by the Landmarks Commission in 1990. For more information, visit www.protectwest70.org.
We know mid-day hearings aren't easy, and we wouldn't ask if your presence weren't vitally important. Showing up means just as much as speaking up, so please make every effort to attend even if you don't plan to testify!
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