Lawsuit to halt demolition of Manhattan's Elizabeth Street Garden claims it is a protected 'physical and social sculpture'

The Elizabeth Street Garden's non-profit has filed a lawsuit against New York City to halt plans for its demolition to create mixed-use affordable housing. Led by Joseph Reiver, the suit argues the garden is a protected artwork under the Visual Artist Rights Act, claiming it qualifies as a 'sculpture and social sculpture' due to its artistic elements and design. The suit highlights the need for preservation amidst urban development challenges, referencing past legal successes and failures of similar cases concerning artistic protections.

The Visual Artist Rights Act ensures that art works of 'recognized stature' are protected from 'intentional or grossly negligent destruction.'

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