elizabeth street garden lawsuit seeks vara protection

The Elizabeth Street Garden in New York City has filed a federal lawsuit seeking protection under the Visual Artist Rights Act (VARA) to prevent its destruction for an affordable housing project called Haven Green. The lawsuit, filed by law firms Siegel Teitelbaum and Evans and McLaughlin and Stern, argues that the garden is a unique work of visual art and landscape architecture created by the late Allan Reiver and his son Joseph Reiver, and should be legally protected as a sculptural work. The garden received a temporary stay after eviction papers were served last fall, but the city plans to build 100% deeply affordable senior housing on the site, claiming the project will provide over 15,000 square feet of public space.