The coalition and other activists had filed suit against the Parks Department and Union Square Partnership, on grounds that opening a privately owned and operated restaurant in the park would violate zoning and environmental review laws and would also be at odds with the Public Trust Doctrine governing the city's parkland. Solomon dismissed all of these claims.
Pointing out that a restaurant known as Luna Park operated in Union Square Park between 1994 and 2007, Solomon ruled that the city was within its rights to renovate the pavilion to accommodate an eating establishment. The section of the park that had housed Luna Park is being converted for use as an expanded playground, Solomon noted.
In a statement, Ramin Pejan, a New York City Law Department attorney who argued the case before Solomon, says the city "will continue to move forward with the rehabilitation and renovation of Union Square Park, which will restore the park's historic pavilion, triple the playground space, plant more trees, improve the public restrooms and better support the Greenmarket" that operates there seasonally. "We are also happy that the court has allowed the parks department to move ahead with its plans to allow for the operation of a restaurant concession in Union Square Park. and that the court has recognized that a restaurant concession would be consistent with public purposes."
Jennifer Falk, executive director of Union Square Partnership, notes in a statement that a project to renovate the park's north end reached "a major milestone" in March at 50% completion. "Park visitors and area residents can now see the amazing positive changes that have unfolded as construction continues to move forward." Geoffrey Croft, founder of NYC Park Advocates, which filed the lawsuit with the USCC and other activists, tells GlobeSt.com that "our council has informed us that basically there is nothing to appeal. Since the judge ruled our case was not ripe, we will refile when the parks department announces the RFP for the restaurant."
Croft expresses disappointment that the Bloomberg administration and the Union Square Partnership "will now force a small nonprofit to spend even more time and money addressing the needs of the community, especially its children. That community has the least amount of playground space but the highest concentration of restaurants in the entire city. Taking away playspace from children is absurd. We will continue to fight for the community's needs." He adds, "We are pleased that the court reaffirmed our position that not all restaurants in all parks are universally acceptable."
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Paul Bubny
Paul Bubny is managing editor of Real Estate Forum and GlobeSt.com. He has been reporting on business since 1988 and on commercial real estate since 2007. He is based at ALM Real Estate Media Group's offices in New York City.
