DelMundo, Anthony freelance NYDN
The 5Pointz graffiti mecca in Long Island City is likely headed for demolition after a judge said Friday he was prepared to deny a request for an injunction to block planned redevelopment.
The battle to save the 5Pointz graffiti mecca from demolition looks like a lost cause.
A Brooklyn judge said Friday that he cannot grant an injunction to prevent the demolition of the graffiti-caked factory in Long Island City, as much as he respects the aerosol art.
“I love the work and it’s going to tear my heart out to see it torn down, but as a judge I have to apply the law,” Federal Judge Frederic Block said, referring to the owner’s right to develop the property.
“I can’t grant the injunction,” he said flatly.
Lawyers for the 5Pointz graffiti artists had cited an obscure law that prohibits the destruction of art in their effort to thwart redevelopment of the property, located off of Jackson Ave. and visible from the No. 7 train. The owners, Jerry Wolkoff and his son, David, argued the art work did not rise to the level that required court-ordered preservation.
Block had suggested a last ditch-effort to stave off the wrecking ball — he said he might have the authority to issue a stay on the demolition if there was an application for landmark status pending before the city Landmarks Preservation Commission.
If that were the case, Block said, he would leave the decision as to whether to landmark the building to the incoming administration of mayor-elect Bill de Blasio.
But the Landmarks Preservation Commission rejected an application for the building to receive landmark status in August, according to a letter obtained by the Daily News.
The commission determined that the oldest of the aerosol art at 5Pointz dates back roughly 20 years, and since much of the graffiti was constantly changing, some of the pieces are of even more recent vintage.
City law requires that a site be at least 30 years-old in order to be eligible for designation as a landmark.
Block will issue a written decision on Tuesday.
Lawyers for the Wolkoffs said the demolition must be completed by the end of December.
Block praised the building’s owners for allowing artists to use the structure as a giant canvas for aerosol art for a number of years.
“I think you’re coming down a little harshly (on the Wolkoffs),” Block told lawyers for the artists. “They should be commended, not condemned.”
Jeannine Chanes, the lawyer for the 5Pointz plaintiffs, called the Wolkoffs’ past decision to allow the building to serve as a workspace for aerosol art an “illusory promise.”
In his farewell message to New York, the British graffiti artist Banksy wrote “Save 5Pointz” on his web site.
The Wolkoffs plan to erect two residential towers on the property — one at 47 stories, the other at 41— and have agreed to include 12,500 square-feet for gallery space and artist studios in the new development. The redevelopment plan has all required city approvals.
