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Judge deals blow to artists, as struggle to save building dims

George Burles

Nov. 12, 2013 By Christian Murray

The 5 Pointz artists were dealt a severe blow today when a Federal Court Judge ruled against them, virtually condemning the building to the wrecking ball.

Judge Frederic Block denied the artists a preliminary injunction, which would have stopped G&M Realty from demolishing the building while a lengthy legal fight took place. A temporary restraining order, which was issued twice in October dealing with the same case, was lifted.

The plaintiffs claimed that their street art should be protected by the Visual Artists Rights Act—and that if the owner demolished the building he would violate that Act. While sympathetic, the judge denied the artists’ motion.

G&M Realty is now free to demolish the building once the remaining tenants leave. Jonathan Cohen, the curator of 5 Pointz, is there until the end of the month and the remaining tenants expected to be gone by the end of December.

The last throw of the dice for the artists is to appeal Block’s decision to the Second Circuit. However, Block did not hand down his full written decision today, which would be the basis of the appeal. That is likely to come within the week.

The artists would need to get an Appeals Court Judge to grant them a stay—which would stop demolition until the case was fully litigated.

While the artists can continue with their lawsuit without a stay or a preliminary injunction, the building is likely to come crashing down while the matter is being decided in court. The artists would get monetary damages if they prevailed—but the building would be gone.

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10 Comments

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Matt

We booked a tour of 5 Pointz before we left here on a trip to New York 2 years ago. We are from Australia. It should never be pulled down.

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AQLEFTY67

I WOULD HATE TO SEE 5 POINTZ COME DOWN AND IF IT DOES I HOPE THIS CREATES A MILLION MAN MARCH FULL OF GRAF WRITERS READY TO TAG UP THE WHOLE CITY AS A WAY TO PROTEST..HIP HOP CULTURE WILL NEVER DIE!!! GRAFFITI WILL NEVER DIE!!!

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justone

It’s considered vandalism if u don’t have permission.. but we did .. now go get your news paper and cut out coupons..that all you good for.. no vision.. gwerty..

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justone

What they should have done is rebuild what that have there and make a future tourist site than is more popular than the empire state building it self.. now where will artist and tourist go to see these wonderful exhibitions of be displayed.. investors should redesign the building and move forward with 5 points.. guaranteed tourist site.. Also this is another way to control New York graffiti population witch will never stop growing..

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extra tip crew NYC

if 5ptz is removed and they build a luxury building in its place, every time a person visits that build the doors on each floor will be painted, the said cases will be painted, the streets and exterior walls and lobby glass windows will be panted. respect street art. or it will take over once again like it did in the 90’s

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Team Eliyahu

Man, I think that if people were serious about saving the building they would even stand in front of the wrecking ball. Are they that serious? I don’t know.

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Sev

Guess Qwerty the transient is looking to buy a new condo at 5 pointz. Should go to his hometown w/ my lawn chair and well, you know…

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qwerty

whens the demolition? i’ll bring my lawn chair and a bag of milanos. vandals had it good for several years, they should be happy and grateful, now its time to clean up the place.

Reply
marie

wooow christian … first of tenants are staying till december january and longer building crashing down ? really you have copy of the permits

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