Last week, hundreds of artists, musicians, poets and community members gathered to call for the preservation of Elizabeth Street Garden in light of its yearslong eviction case. Now facing a plethora of demolition threats, court appeals and hearings, advocates for the garden are emphasizing its artistic role in an effort to avert its expulsion.
In a February lawsuit against New York City, advocates sought protection for the garden under the Visual Artists Rights Act, hoping to secure its status as an irreplaceable work of art integral to the city’s cultural environment. The lawsuit came after the garden was initially set for eviction last May — a date that has been repeatedly delayed following community backlash and legal stallings.
The garden has been a community hub since curator Joseph Reiver opened it as an extension of his sculpture gallery in 2005. Ursula Pippoly, a New York City resident for 66 years — 45 of which were spent in the building that stands next to the garden — said the community’s main concern is the lack of other public gardens in the area.
“For years, they’ve been taking our park — if they do decide to go through with this, they’re going to take away half our courtyard,” Pippoly said. “I mean, we’ve been lucky. They keep postponing the court dates, we don’t know if the mayor’s gonna proceed with this or leave it alone the way he should.”
Last year, a New York judge chose to follow through with an eviction notice — which had been in conversations among city officials since 2012 — first setting it for Sept. 10, 2024 and later pushing it to mid-October. While representatives of the garden appealed the decision, the ruling was subsequently upheld. On March 7, another eviction notice was served by the city, stating that it could take place as early as March 24.
Hoping to halt any action from the city, the garden moved for emergency injunctive relief in the VARA case. When this request was denied, the garden filed an appeal with the Second Circuit Court of Appeals, challenging the ruling and seeking to have it overturned.
With New York celebrities like Patti Smith, Robert de Niro and Martin Scorsese advocating for the garden’s preservation on April 1, the demonstration gathered numerous performers and artists whose art had been inspired by the garden.
Brad Vogel, a poet and author, was among the many artists who participated in the gathering. A resident of the area in 2011, Vogel recited his poem, “To a Garden Besieged In Spring,” before singer Patti Smith took the stage. He referenced garden advocates’ proposal — what they call a “win-win solution” — to build affordable housing at a nearby vacant lot rather than the garden.
“All Mayor Adams and his team have to do is choose any one of the nearby alternate sites,” Vogel said. “Unbuilt housing units are fungible — Elizabeth Street Garden is not. It’s an irreplaceable, egalitarian island open to all in a city increasingly hostile to those without wealth.”
Revier cleaned up the former junkyard and opened the space to the public more than two decades ago. Since then, the garden has hosted multiple community events and served as a green space for the public to visit. Joseph Reiver, Allan’s son and current executive director of the garden’s nonprofit, is one of the main voices in this ongoing battle.
Reiver and Elizabeth Street Garden have not answered requests for a comment, but continue to post updates on X and in their newsletter.
“At this point, we’re taking it day by day,” the garden’s latest newsletter read. “We remain fully committed to protecting the Garden and will continue to keep you informed as things unfold.”
Contact Eva Mundo at [email protected].
