Courtesy of Leonie Haimson
In an important victory for public school children, parents and community members have won their lawsuit to stop the city from leasing the sports fields on Randall’s Island during after school hours to a consortium of 20 private schools for the next 20 years.
As Supreme Court Justice Shirley Kornreich concluded, the amount of land being converted to new use – at least 12 1/2 acres — far outstrips the 30,000 sq. ft. or 2/3 of an acre that defines a “major concession” according to the City Charter. Thus, this deal requires ULURP, a review process involving the Community Board, the Manhattan Borough President, and the City Council, which never happened in this case.
She rejected the city’s argument that this deal was legal because the land would be converted to sports fields first – and then handed over to the private schools after the fact. As she wrote, “The court disagrees with strained interpretation of the Concession, an interpretation designed to evade ULURP review…Essentially respondents attempt to alter reality …Allowing the City to avoid ULURP review by drafting terms to redefine when a concession has been granted would undermine ULURP’s purpose of requiring community input on significant land use decisions regarding public land.”
Here are statements from some of the plaintiffs and others involved in bringing this lawsuit:
Eugenia Simmons-Taylor, former president of the Presidents Council in D4 in East Harlem, which was the lead plaintiff: “This is a great victory for public school children as well as the community as a whole. I’m thrilled that we were able to stop this unjust deal before it went through. Now the community and our elected representatives will have a chance to have their say.”
Matthew Washington, a member of the Community Board 11 in East Harlem and another plaintiff: “We’re happy to have an opportunity to do the right thing for all the children in this city.”
David Bloomfield, a member of the Citywide Council on High Schools, also a plaintiff: “The sad lesson of the Randall’s Island litigation is that elites have no business making decisions for those with less money or influence. From the first, the city and the Randall’s Island Sports Foundation should have included parents, schools, and the community at the negotiating table. Instead, the courts have been forced to ensure these rights and in so doing have made sure that there will be quality recreational facilities for all children.”
Patrick Sullivan, the Manhattan appointee of the Panel for Educational Policy, who did the much of the initial research showing that this deal was illegal: “The public school parents and community activists of East Harlem have won a great victory on behalf of all the city’s children. Public athletic fields must not be sold via special invitation to the well connected. The city must now put forward a plan for equitable access to the Randall’s Island fields. ”
Geoffrey Croft, President of NYC Park Advocates, “We are delighted at this outcome, but this deal never should have been allowed to go forward in the first place. I hope the city doesn’t appeal the decision. It would be a waste of taxpayer money and would violate the important principle that public parks should be for the public and not for private interests.”
Marina Ortiz, founder of East Harlem Preservation and another plaintiff: “I am elated that Judge Kornreich made a just and proper decision in annulling the illegal bid to construct new sports fields on Randall’s Island. Now that their private steamship has been docked for due process, perhaps the Randall’s Island Sport Foundation will be more sensitive to the needs and concerns of local youth. I am confident that East Harlem and South Bronx residents will appreciate the opportunity to voice their needs and concerns, and I will work to ensure a more transparent and democratic process with regards to the disposition of public parkland in our communities.”
The case was argued pro bono by attorneys Norman Siegel and Alan Klinger, Faith Kaminsky Cohen and Christina Weiss of Stroock, Stroock and Lavan.
We all owe them tremendous thanks. A summary from the NYLJ is below.
Judge Annuls Approval of New Fields on Randall’s Island
New York Law Journal, January 31, 2008
Approval of a bid to construct new sports fields and revamp 36 existing fields on Randall’s Island has been annulled by a state judge. Supreme Court Justice Shirley Werner Kornreich of Manhattan held that concessions granted by the city’s Franchise Concession Review Committee to the Randall’s Island Sports Foundation and a group of 20 private schools was not properly reviewed under the New York City’s Uniform Land Use Review Procedure. The agreement provides for the city to allocate more than $65 million for field improvements and grants the foundation permission to use and maintain the fields and the schools annual permits for 20 years to use two-thirds of the fields during after-school peak hours. The concession period would begin when 75 percent of the playing fields are substantially complete. Section 374 of the city charter provides that a “major concession” must be reviewed under the review procedure. Justice Kornreich (See Profile) rejected the city’s argument that the new fields, on 12.5 acres, fall under an existing use exemption to the review procedure because construction on the land will be substantially completed and “in use” at the onset of the concession period.
District 4 Presidents’ Council v. Franchise and Concession Review Judgment Committee, 108327/07, will be published Tuesday. – Noeleen G. Walder
http://www.law.com/jsp/nylj/index.jsp
