The Villager, Sept. 6, 2012 by Schneps Media

High-tech H 2 O, p. 8

Volume 82, Number 14 $1.00

West and East Village, Chelsea, Soho, Noho, Hudson Square, Little Italy, Chinatown and Lower East Side, Since 1933

September 6 - 12, 2012

Soho, superblocks are still in District 1 in preliminary map BY LINCOLN ANDERSON The Districting Commission on Tuesday released preliminary maps for City Council lines, but the results did not go far enough to satisfy advocates who want major changes to Lower Manhattan districts. At last month’s public hearing before the Districting Commission, some advocates called for a “unified Village” district and others for an Asian-Latino district, while

Photo by Tequila Minsky

A mourner at a memorial for Jessica Dworkin last Saturday night was overcome by grief. The artist’s violent death under the wheels of a massive tractor-trailer has sent a wave of sadness through the close-knit neighborhood and sparked a demand for safety improvements at the “speedway” intersection of Houston St. and Sixth Ave.

It’s mutiny on the waterfront as Durst pitches Pier 40 plan BY LINCOLN ANDERSON Taking a different tack to try to save Pier 40, Douglas Durst, chairperson of the Friends of Hudson River Park, is pushing an alternative plan to add valet parking and a high-tech campus to the massive but crumbling structure. Joining Durst in the effort is Ben Korman, the Friends’ vice chairperson and a partner in C&K Properties, which formerly ran the parking on the 14.5-acre West Houston St. pier. Durst’s Pier 40 plan is at odds with the vision of the Hudson River Park Trust, the state-city authority that operates the 5-mile-long waterfront park. The Trust, along with local youth sports leagues, has recently been pushing for residential housing development on the key park pier. The youth leagues commissioned a

Pier 40 study earlier this year that found that adding 600 to 800 units of high-end, rental housing on it would provide the greatest amount of revenue along with the lowest impact when compared with other types of development scenarios studied. Doing nothing on the pier is not an option, the Trust says, since without a major cash infusion by a private development project, the decaying pier won’t be repaired and the entire park — which depends on Pier 40’s revenue — will soon be increasingly in the red. Without funding, Pier 40 might have to be shut down in phases, the Trust’s leadership recently warned. Jordan Barowitz, a spokesperson for Durst, outlined the new plan, which is still fairly general. “It’s attendant parking,” he explained. “The current parking configuration on the

pier is mostly park-and-lock,” meaning drivers park their own cars. “With attendant parking, it can be a lot more efficient in terms of space.” Durst’s plan calls for installing stacker parking so that the cars can be parked in a smaller footprint. Attendants would be needed to park the cars and operate the hydraulic stackers. Pier 40’s parking is currently on all three levels of the pier. Under Durst’s idea, the parking would be moved to one level — possibly the ground floor — freeing the other two levels for new uses. Barowitz said Durst’s plan doesn’t seek to increase revenue by increasing either the amount of parking or the parking fees. Rather, the extra revenue would

some called for both. The preliminary map of Council District 3 moves only slightly toward fulfilling the desire for a “unifed Village” district. District 3, currently represented by Chris Quinn, under the new preliminary map, now includes the blocks from Eighth St. to 14th St. between Fifth Ave. and Broadway, which formerly

Continued on page 16

Neighbors mourn Soho’s Jessie Blue, cry street is unsafe BY TEQUILA MINSKY There was a lot of love and a lot of tears at the northeast corner of Houston St. and Sixth Ave. on the evening of Sat., Sept. 1, at an impromptu remembrance gathering for Jessica Dworkin. It was at that corner six days earlier that friend and neighbor Dworkin, 58, also known as Jessie Blue, lost her life in a horrific, freak traffic accident. Filling the park benches outside Passannante Playground and the sidewalk

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at the corner, a crowd of 65 who knew Dworkin lit candles at the makeshift memorial to her on the playground’s fence and shared anecdotes. Celebrating her life were members of the senior center programs at Our Lady of Pompei Church on Carmine St. and Greenwich House on Barrow St., shopkeepers from Thompson St., Franciscan fathers from St. Anthony of Padua Church on Sullivan St.

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EDITORIAL, LETTERS PAGE 10

DRAFT-RIOTS DRAMA PAGE 19

September 6 - 12, 2012

“I am proud and excited to endorse Brad Hoylman For State Senate. He shares my progessive values and commitment to reform, and I know he will continue to champion so many of the causes that I have fought for throughout my career.”

SENATOR TOM ENATO OR TO T OM DUANE

“Brad is the kind of progressive reformer our City needs in Albany. He has a proven record on the issues that matter most.” -CITY COUNCIL SPEAKER CHRISTINE QUINN

“Brad Hoylman has a proven track record of advocacy for the residents of the West Side and Lower Manhattan.” -CONGRESSMAN JERRY NADLER

“Brad has a proven track record of defending our neighborhood and has been at the forefront of key preservation efforts.” -ASSEMBLYMEMBER DEBORAH GLICK

“Brad brings all the qualities needed to this senate district. He’s smart, progressive, a consensus builder, and a leader.” -ASSEMBLYMEMBER DICK GOTTFRIED

VISIT WWW.BRADHOYLMAN.COM OR CALL 212.206.0033 VOTE IN THE DEMOCRATIC PRIMARY ON THURSDAY, SEPTEMBER 13TH

September 6 - 12, 2012

Avenue and East Houston St., from 11 a.m. to 4 p.m. There will be games, prizes and performances, according to organizers, but the goal is to bring in donations that will help ease the burden on the Panitz family, as they struggle to pay their son’s mounting medical bills. Since this past spring, Panitz has been undergoing intensive chemo and radiation therapy to treat rhabdom yosarcoma, a form of cancer often found in children. The results have been encouraging so far, but there’s a long road ahead — and supporting this East Village family, by attending James Day and donating, would certainly be a great way to start.

SCOOPY’S

NOTEBOOK WANTED WOMAN: Over the past few days, a disgruntled East Villager has been posting anonymous fliers around the neighborhood that portray Susan Stetzer, Community Board 3’s district manager, in a rather unflattering light. The roughly typed fliers claim that Stetzer is “Wanted: For assault on our civil liberties,” and call her both an “unelected meddler” and an “assassin of New York’s creativity.” Stetzer was notably present at a punk rock concert in Tompkins Square Park a few weeks ago marking the park riot’s 24th anniversary, where she was seen monitoring the event for possible noise violations. (She later told us she did feel that it had been excessively loud.) Needless to say, that didn’t go over too well with the headbangers and moshers. Chris Flash, who organized the concert, told us that he didn’t make the unflattering fliers, but added that he sympathizes with whoever did. “She has so many enemies that it’s hard to figure out who to point the finger at when something like this happens,” said Flash. “She’s acting beyond the scope of her job, by taking it upon herself to assume the role of ‘quality of life monitor.’ ” When we asked Stetzer for a response to the signs, she brushed the insults off, saying, “I think that anyone who is so cowardly that he cannot put his name behind what he believes does not deserve my consideration. “There are ways of working together and constructively resolving issues,” Stetzer added, “and this is not one of those ways.” RESIGNED…OR OUSTED? Lois Rakoff recently left her post as the chairperson of Community Board 2’s Social Services and Education Committee — but it’s unclear whether she left willingly, or if she was forced out by Board 2 Chairperson David Gruber. When we asked Gruber about the change in committee leadership, he insisted that he played no part in it. “She wasn’t demoted,” Gruber said. “She resigned.” He chalked the whole situation up to Rakoff’s busy schedule, saying that her presence on other C.B. 2 committees created an unmanageable workload. Rakoff didn’t respond to our inquiry

Photo by Bob Matloff

Giving passersby pause, a diva dog posed in a convertible for a photo shoot at Greenwich and Perry Sts. on Thurs., Aug. 30. The photographer — who is no pooch paparazzo — said he didn’t know what the shoot was for.

about her departure from the Social Services Committee. In addition, Gruber has combined a number of committees to streamline things and also help ensure that multiple committees don’t meet on the same days. The Sidewalks, Public Facilities & Public Access Committee has been merged with the Street Activities & Film Permits Committee. Also, the Parks Committee and the Waterfront Committee have been combined and will be co-chaired by Arthur Schwartz and Rich Caccappolo. Gruber said this new setup will ease the load on longtime Waterfront Committee Chairperson Schwartz, adding that Schwartz is “going to mentor Rich. … There’s no controversy there,” Gruber assured. SHE’S MONEY: We always knew Jo Hamilton and Brad Hoylman were tight. Hoylman chaired C.B. 2 for two years, then ceded the post due to the board’s “term limits,” followed by Hamilton for two years, and then Hoylman regained the chairpersonship, before recently launching his campaign for state Senate after Tom Duane announced he wouldn’t seek re-election. The “H and H Team” worked together closely leading Board 2. So it was no surprise to hear that Hamilton is the treasurer of Hoylman’s Senate campaign. We’re told that she is doing the job assiduously, “accounting for every penny.” That could be a challenging task, because Hoylman’s fundraising has been impressive, but we’re sure Hamilton can handle it.

IRON CHEF À LA PARK: The Tompkins Square Greenmarket has a tasty new addition. The first-ever “Iron Chef” cook-off, on Sun., Sept. 9, at 1 p.m. will bring together two area restaurant owners and their locally conscious cooking outlooks for a competition. The products and ingredients used in the contest, which takes place on the corner of E. Seventh St. and Avenue A, will be from the Greenmarket itself. Additionally, the products used are in a “mystery basket,” so that the chefs will be unable to prepare a dish before the event begins. At the cook-off, Chef Stephen Hayek of Veselka Bowery and Chef George Kaden of Hearth Restaurant will each have an hour to turn their mystery basket into an impressive dish. The public will be served limited samples once the meal is complete. The “Iron Chef” panel of judges will decide the winner, and Lela Chapman, the regional coordinator for Lower Manhattan Greenmarket, said the top chef would win a certificate from the Greenmarket offices. JAMES AID: A group of E. First St. residents are inviting the public to gather on Sat., Sept. 22, to help raise funds for a neighborhood family whose 2-year-old son was recently diagnosed with cancer. The fundraiser has been dubbed James Day — after James Panitz, the local boy — and will take place in First Park, on the corner of Second

TALLMER A LEGENDARY PLAYER: As if theater critic and writer Jerry Tallmer hadn’t gained enough accolades over the past 91 years, he’ll be inducted into the Players Club Hall of Fame on Sun., Sept. 30. The Club, at 16 Gramercy Park South, founded in 1888 by Shakespearean actor Edwin Booth, has quite the list of honorees. This year — the sixth featuring Hall of Fame elections — will see Tallmer join the ranks alongside 13 new inductees that include Clark Gable and Edward Albee. Not such bad company. And you could say Tallmer’s deserved it — his résumé includes helping to found the Village Voice, inventing his own Off Broadway awards — the Obies — writing about basically everything for dozens of newspapers, and, finally, devoting most of his time of the past decade or so to freelance contributions to The Villager and its sister papers. Tallmer will turn 92 in December, but he sure isn’t slowing down yet. OCCUPY PENLEY! According to the Associated Press, longtime East Village activist John Penley was one of two protesters arrested outside the Democratic National Convention in Charlotte on Tuesday. The A.P. reported that Penley, a Vietnam-era veteran, and a half dozen other vets had been leading a march of about 200 people, including an Occupy Wall Street contingent, when the arrest occurred. According to the A.P., “Penley, of Asheville, said he and the other former service members wanted to raise awareness of veterans issues and talk to delegates. Some were also protesting the incarceration of a soldier accused of giving classified documents to the anti-secrecy Web site WikiLeaks, Private Bradley Manning, chanting: ‘Free Bradley, arrest Barack.’ ” Penley was collared after he reportedly tried to cross a barricade police had made with their bicycles.

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Durst pitches an alternative plan to save Pier 40 Continued from page 1 come from adding new uses in the space left over from consolidating the parking in a smaller area. Durst envisions these uses as “commercial, offices or a high-tech campus,” according to Barowitz. (One park activist was alarmed by a sentence in an article on the Durst plan in the Observer referring to “galleries and shops” that indicated Durst might also be eyeing destination retail for Pier 40: “Given the area’s booming tech sector, [Durst] seems to think this could be a good spot for a technology campus of some sort, or, pitching to the neighborhood’s other historic strength, galleries and shops.” However, Barowitz told The Villager, “Douglas didn’t talk to the Observer. It’s not a quote from him.”) Asked about the cost of adding parking stackers, Barowitz downplayed it, saying, “It’s a small piece of the scope of the work necessary to secure the pier.

‘WE THINK IT’S VIABLE’ “It’s in the early stages, but we think it’s viable and certainly worth considering,” Barowitz said of the plan. “This is something that Douglas and Ben Korman have been working on. We think it could provide the incremental increase in revenue to finance the $100 million or so to fix the pier and also provide revenue for the park.” As for building residential housing on Pier 40 — which would require a change to the Hudson River Park Act — Durst, who heads one of the city’s most prominent development organizations, says it wouldn’t work. “Douglas speaking for himself does not have an ideological issue, but a practical one — that it will be too difficult to implement and construct and won’t generate the necessary revenue for the pier or the park,” Barowitz said. Hudson River Park is intended to be financially self-sustaining, and until recently Pier 40 has supplied about 40 percent of the park’s revenue. But as the pier deteriorates, its revenue will dry up, Trust officials warn. For Durst’s plan, Barowitz said, changes to the park act also would be needed, including increasing the allowable length of the lease for the commercial component and allowing bond-

A rendering provided by Assemblymember Deborah Glick’s Office gives a rough sense of how Pier 40 could look with 15-story towers added along its northern edge.

ing ability. The Trust would have to issue a request for proposals (R.F.P.) for someone to “manage the pier,” he said, though adding, “Neither Douglas nor C&K is interested.” Asked if there’s a study of their plan available, Barowitz said it’s not completed yet. He said they’ve been talking to the Trust and local stakeholders about their plan for several weeks.

‘EXPLORING ALL POSSIBILITIES’ Regarding Durst’s idea for Pier 40, Madelyn Wils, the Trust’s president, indicated she’s open to a wide range of uses for the pier, but that they must generate sufficient funds. “We are working with all of our community

partners to continue to explore all possibilities, including a high-tech campus,” the Trust president said. “The most important step for Pier 40 is to allow legislative changes that will give us the best chance of receiving the strongest proposals possible. Any viable proposal must be able to provide for Pier 40’s huge infrastructural needs while also making annual payments to help fund the continued maintenance of the whole park.” The Friends of Hudson River Park had previously been the park’s main advocacy group — as well as its main watchdog. In recent years, the Friends sued to force the city to commit to remove its garbage trucks from Gansevoort Peninsula, at the north end of the Village waterfront, and also sued to end tourist helicopter flights at the W. 30th St. heliport. More recently, though, the Friends transitioned into the Trust’s private fundraising arm. Now, with Durst and Korman opposing the Trust’s hope for housing on Pier 40, its seems the Friends — or at least its leadership — is reprising its watchdog role. However, in a statement, A.J. Pietrantone, the group’s president, said, “Friends of Hudson River Park remains committed to finding a sustainable solution to Pier 40 as well as to the care and completion of the entire park. While all ideas and input to that end are wholly welcome, Friends continues to expand our fundraising efforts and to work with the community in establishing an improvement district.” A “neighborhood improvement district” is one thing, at least, that people seem to be agreeing on. The district would impose a fairly small annual fee on commercial and residential property owners living within a few blocks of the park. This money would be funneled back into the park’s maintenance and operations and used

to spruce up the blocks near the park. As for political intrigue, some speculate that with Mayor Bloomberg heading into his final year in office, the Durst “mutiny” could be setting the stage for a possible change in the Trust’s leadership under a new mayor, or at least an effort to “rob victory” from Bloomberg and Wils on Pier 40.

GLICK: ‘INTERESTING IDEA’ Assemblymember Deborah Glick is a fierce opponent of housing on Pier 40. The pier is in her district and she has made it clear she won’t support modifying the Hudson River Park Act to allow residential development there. She objects, in principle, to the idea that the park must be financially self-sustaining, arguing this will only lead to unwanted overdevelopment — like housing in the park. Glick noted that Durst and Korman’s stacker-parking plan is similar to one pitched in 2007 by the Pier 40 Partnership. A well-funded group of parents whose children played sports on the pier, the Partnership’s proposal was an alternative to the “Vegas on the Hudson” plan by The Related Companies that would have turned the pier into a major entertainment site. “We thought that was an interesting idea and were sorry the Trust didn’t pursue it,” Glick said of the Partnership’s plan, which also included space for schools. She called Durst’s proposal “an interesting approach, a more common-sense approach. We’re really pleased to see someone who has a tremendous track record in New York City real

Continued on page 17

September 6 - 12, 2012

POLICE BLOTTER

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Free Health Screenings September 11 – 13, 2012 8:30 am to 7:00 pm New York University Colleges of Dentistry and Nursing 345 E. 24th Street, at First Ave Photo courtesy Urban Justice Center

Soho vendors and their attorney from the Urban Justice Center’s Street Vendor Project held a press conference outside the First Precinct on Wednesday.

Soho vendors sue police Five Soho street vendors are suing the New York Police Department’s First Precinct, claiming that officers unlawfully confiscated their carts and merchandise during a May 17 raid. Matthew Shapiro, a staff attorney for the Street Vendor Project at the Lower Manhattan-based Urban Justice Center, announced on Wed., Sept. 5, that the vendors would be filing the suit — for lost income and missing or damaged property — later that day. The vendors say that during the crackdown, officers ticketed them for minor infractions —such as their carts being too close to the curb or too tall — and then took away their property, carts and all, without proper explanation. The violations against the five vendors were all dismissed on May 18, the next day, when they went to court to argue the tickets. The merchandise and carts were returned, but some items were missing or damaged. Shapiro stressed that the lawsuit would be aimed not at the officers who were ordered to confiscate the vendors’ goods, but instead at police brass who authorized the raid. One of the vendors in the suit, Alassane Fall, 53, who sells cell phone accessories on Broadway, between Spring and Prince Sts., said he is mainly focused on sending a message to the N.Y.P.D. “I’m not suing for the money,” he said. “I just want to be treated as an equal.”

Realty-show wife walks Criminal charges have been dropped against a reality TV star who was accused of slashing a Soho nightclub bouncer with a razor in January 2011, the New York Post reported. Rashidah Ali, 27, who has appeared on “Basketball Wives” and “Real Housewives of Atlanta,” walked free on Tues., Sept. 4, after a grand jury declined to indict her and prosecutors decided to drop the case. But Ali isn’t completely off the hook yet, since she’s still facing a grand larceny charge dating to November 2010: She’s accused of racking up a $14,000 bill at the Ritz Carlton Hotel, on Central Park South, and then walking out without paying, according to court records.

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Lacoste break-in Three men burglarized an upscale Soho clothing store early on the morning of Tues., Sept. 4, and made off with around $18,000 worth of merchandise, police said. The suspects, one of whom wielded a sledgehammer, broke through the glass storefront of the Lacoste outlet at 134 Prince St. at around 2 a.m. They fled in a minivan after grabbing the clothes, according to the report, and a store employee reported the theft upon arriving for work later that morning. Police believe that the getaway vehicle was a Chrysler Town & Country, but the license plate number is unknown.

Continued on page 6

Be sure to watch Lee Goldberg and the Accu-weather forecast on ABC7 at 5 pm and 6 pm during the week of September 10 for details.

September 6 - 12, 2012

POLICE BLOTTER Continued from page 5

Killer driver gets tickets The driver of the truck that fatally struck longtime Soho resident Jessica Dworkin on Mon., Aug. 27, has been slapped with two traffic summonses, police said. Greg Smith, an employee of the Trenton, N.J., company Liedtka Trucking, Inc., was charged on Wed., Aug. 29, with failure to yield to a pedestrian and failure to exercise due care. Dworkin, 58, a much-loved neighborhood figure, had been riding her cherished kick scooter across Sixth Ave. at West Houston St. just before 9 a.m. on Aug. 27, when she was hit by the the flatbed trailer as it was turning onto Sixth Ave. Dworkin’s body was dragged under one of the truck’s rear tires for about two blocks — the driver reached Carmine St. before realizing the situation. It was determined that she had been killed immediately in the accident.

Arsonist confesses The man arrested for setting fire to his own West Village home on Sat., Aug. 25, has admitted to the crime, and is being hit with several other felony charges in addition to arson. Morgan Greenburger, 19, kindled the blaze by placing bed sheets and garbage bags on the lit stove in his third-floor apartment at 525 Hudson St., court records state. A portion of his residence had been charred by the time the fire was put out, and there was also smoke and water damage. Greenburger told police he intended to start the fire, even though he was aware that other people were inside the building at that time, according to court documents. He is charged with three counts of arson, two counts of reckless endangerment and reckless endangerment of property. His next court date is set for Oct. 3.

L.E.S. club rape Police arrested Omar Ocasio, 21, for sexually assaulting a woman in a Lower East Side nightclub on Sun., Aug. 26. Ocasio allegedly accosted a 20-yearold woman in Neway, at 90 Eldridge St., at about 4 a.m. and threatened her while clamping his hand over her mouth, according to court documents. He told the woman that he would kill her if she screamed, and then raped her. The victim reported the incident to police after checking in to a hospital immediately after the incident, and Ocasio was arrested while still at the club. He is being charged with rape and committing a criminal sex act.

Police released this photo of the bank robber.

E.V. bank robber Police are still on the hunt for a man who robbed an East Village bank on Sat., Aug. 25. The suspect, who was wearing sunglasses, entered the Chase Bank at E. 10th St. and Second Ave. at around 12:30 p.m. He approached a teller, passed a demand note, took the cash and fled on foot, police said. He was described as either white or Hispanic, between ages 20 and 30, about 200 pounds and 5 feet 10 inches tall. The suspect was carrying a black Pullman suitcase, the report states. Anyone with information regarding the robbery should call Crime Stoppers at 1-800-577-TIPS (8477). Tips can also be submitted by logging onto the Crime Stoppers Web site at www.nypdcrimestoppers.com or by texting tips to 274637 (CRIMES) and then entering TIP577.

Sam Spokony

KEEP ON TOP OF LOCAL CRIME, EVERY WEEK IN THE

POLICE BLOTTER

September 6 - 12, 2012

Judge rules ’01 XXX zoning regs violate free speech BY ARTHUR S. LEONARD A Manhattan Supreme Court judge has found that the 2001 amendments to New York City’s zoning law regarding adult businesses violate the First Amendment rights of those enterprises. Changing course from some prior rulings he issued in the case, Justice Louis B. York found that the city failed to show that the additional restrictions enacted in 2001 to supplement those put in place in 1995 were supported by evidence showing they were substantially related to advancing any important city policy. York therefore struck them down as unjustified, content-based restrictions on constitutionally protected speech. The City Council commissioned a study several decades ago about the effects of adult businesses on the communities in which they were located. That study, which purported to show that such businesses attract crime, lower property values and expose minors to sexually explicit images (mainly through their outdoor signs), was intended to provide support for proposed zoning restrictions that would sharply reduce the geographical area in which adult businesses could operate. The businesses would basically be excluded from residential and business districts with high pedestrian traffic and become much less visible in New York’s streetscape. Critics of the law complained at the time that the new regulations would confine adult businesses to relatively undeveloped or industrial areas on the edges of the outer boroughs. According to U.S. Supreme Court precedents, zoning laws excluding adult businesses are content-based regulations of speech that can only be justified if serious “secondary effects” on the community are documented. Based on the study’s results, the Council, at then Mayor Rudy Giuliani’s strong urging, passed the 1995 amendments to the city’s zoning law, which, according to York’s opinion, “caused the dispersal and elimination of many adult establishments by requiring them to be 500 feet from each other, residences, houses of worship and schools.” The 1995 provisions also required that if a business wanted to provide sexually related goods and services and remain in an area where adult businesses were otherwise excluded, it would have to devote “a substantial portion” of the establishment to “non-adult uses.” The city adopted an administrative regulation –– referred to as “the 60-40 rule” –– requiring that “less than 40 percent of the entity’s business could be devoted to adult activities.” Many adult businesses restructured their premises and diversified their stock and services to avoid being classified as an adult business so they could continue operating in residential and business districts. After sending inspectors to monitor compliance, the city determined based on their reports that there were many cases of “sham compliance.” The establishments were in literal compliance with the 60-40 rule, but, according to the city, they were still predominantly dealing in adult goods and services. The city moved to shut down the alleged “sham” establishments, and several lawsuits resulted. Concerned that stringent enforcement

of the 60-40 rule might be interpreted by courts as beyond the authorization of the 1995 amendments, the City Council approved additional amendments in 2001, which are the subject of York’s new ruling. The 2001 Council action imposed requirements intended

According to U.S. Supreme Court precedents, zoning laws excluding adult businesses can only be justified if serious ‘secondary effects’ on the community are documented. to essentially foreclose exceptions and make it exceedingly difficult for any establishment to sell adult goods or services in the areas covered by the adult-uses zoning ordinance. Rather than clarify the legal status of the zoning efforts, however, the 2001 amendments merely spawned additional litigation. York had previously upheld the amendments, finding they could meet a “rational basis” constitutional standard –– namely, that the plaintiffs could not show that the city had no rational reason for the statutory amendments. But higher courts disagreed, concluding that the amendments represented contentbased regulation of free speech activity, and so must be subject to the more rigorous constitutional review that free speech is accorded. The cases were sent back to York for a new look under this more-searching standard. Among the evidence York reviewed was testimony from experts retained by the businesses documenting the lack of secondary effects attributable to their operation. One study, by Dr. Bryant Paul of Indiana University, surveyed neighborhood opinion, and found that, according to residents living near 60-40 businesses, “the overall quality of life in the 60-40 clubs’ areas was better, the 60-40 neighborhoods were safer, the 60-40 neighborhoods were a more preferable place to live, and the 60-40 neighborhoods were a preferred shopping area.” Another expert cited by York, Dr. Daniel Lenz of the University of California at Santa Barbara, testified that “60-40 clubs are not associated with negative secondary crime effects, 60-40 clubs were not ‘hot spots’ for crime in their neighborhoods, crimes did not increase with the opening of a 60-40 club, and crimes did not decrease after the closing of a 60-40 club.” Yet another expert looking at property values concluded that “proximity to a 60-40 club does not result in a diminution in value.” In fact, evidence suggested that property values went up near 60-40 clubs. York also found that the original 1995 law had achieved its objective of reducing the

number of adult establishments in the city and breaking up then-existing concentrations of such clubs in particular neighborhoods, such as Times Square and Chelsea. The city presented an “expert witness” as well, but York found that he was not credible and gave no weight to his testimony, because the so-called expert’s only study involved a survey of real estate brokers that drew an extremely small response. This witness’s opinions, the judge found, lacked any “real world corroboration.” Having found that the 1995 zoning ordinance provisions had effectively led to a reduction in number and the dispersion of adult businesses and that the businesses involved in this lawsuit had reconfigured to come within the original 60-40 requirements, York concluded the city could not justify the 2001 amendments. There was no study showing that these allegedly “sham” 60-40 clubs had generated the kind of secondary effects that are necessary to justify a zoning exclusion in light of First Amendment, freespeech protection against content-based regulation. York noted that the original 1995 regulations gave the city the ability to establish that a business was acting in sham compliance so long as the city could demonstrate the negative secondary effects documented in the original City Council study. However, the judge wrote that he “cannot understand how an 18-yearold study of the negative effects of the 100

percent entities can be applied to the current 60-40 entities without determining the actual negative secondary effect of these institutions today.” York issued a permanent injunction against enforcement of the 2001 provisions. Reporting on the decision on Aug. 31, the New York Law Journal commented that it would have no immediate practical effect, “because the 2001 law that it overturned was not enforced while lawsuits challenging its constitutionality winded through the courts.” There is irony in this: Because the 60-40 stores were able to remain open for many years, their lawyers have the opportunity to commission additional studies to demonstrate the lack of adverse secondary effects from their operations. The city is expected to appeal York’s ruling. Robin Binder, a city Law Department spokesperson, told the Law Journal, “We believe the court was right the first time when it ruled that 60-40 establishments have a predominant sexual focus,” referring to York’s earlier rulings in this case. “The city’s ability to regulate adult establishments is critical to preserving neighborhood quality of life.” The Law Department has a reflexive reaction against any ruling that it loses, but perhaps — before going back to court — it would behoove the department to commission a new study to determine if the 60-40 business do, in fact, create negative secondary effects.

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September 6 - 12, 2012

New cafe taps into the demand for pure, fresh water BY BOB KRASNER One cannot be blamed for being a little confused about whether or not any given source of nourishment is good or bad for you. Coffee, for instance, is bad for you… . No, wait…it’s actually good for you. Among other things, it contains antioxidants and reduces the risk of getting Parkinson’s disease. You may not be buying that one, though, so you might want to switch to tea. But don’t drink too much black tea, guys, since it was recently announced that drinking seven cups a day may increase your chances of prostate cancer. Speaking of studies, how about the one that claimed that daily consumption of Twinkies is a good way to shore up your immune system? All right, I made that one up. But everyone knows that water is good for you, right? And, of course, New York City water is one of the best sources in the country, yes? One billion gallons of it are filtered, tested and delivered to more than 8 million city dwellers every day. It even has fluoride to help protect your teeth, though then again, there’s the whole fluoridation debate. Adam Ruhf, one of the owners of the recently opened “water cafe” Molecule, would like to set you straight on that one, and a few other things as well. The proprietor of this small shop at 259 E. 10th St. that sells nothing but water, he is adamant and somewhat defensive about his product. What he’s selling is New York City tap water, purified in an eight-step process that takes pretty much everything out, including the fluoride, which Ruhf claims is unnecessary. He notes that a Harvard study found that this chemical affects children’s IQ and their neurological development. Ruhf gets silent when asked about what else is being taken out, since he does not want the situation to be viewed as “Molecule vs. New York City water.” Instead he encourages us to go online and read some environmental reports. He also declines to state the cost of his machine, but in a previous conversation he mentioned a $25,000 investment. One can understand his reluctance to talk to the press, since a quick Google search will turn up a long list of skepticism on parade. His water is not only about what is being removed, but what can be added. A shot of anything from vitamins and minerals to electrolytes and alkaline can be added to your 16-ounce, refillable bottle for an additional $1 per shot. For another $2 per infusion, you can boost your immune system or sharpen your brainpower with herbs and roots derived from traditional medicines from the Far East. It doesn’t take much to part with a good chunk of your lunch money, but refills are pretty reasonable — $ 1 for up to a 50-ounce container. A gallon of pure water, in your container, is $3. Ruhf has also got a hangover remedy that’s pretty popular, especially on Saturday and Sunday mornings. Other regulars stop in from all over the city to refill their previously purchased glass bottles and curious passersby stop in to find out what it’s all

about, a process that Ruhf welcomes. The Brita and other such contraptions don’t filter out all that much, he says. He explains that you can buy bottled water, but the carbon footprint left after the production of all that plastic is huge — and the industry is not monitored anyway, so who knows where their water is coming from? Although no one is monitoring Molecule either, one look at some used filters gives one a pretty good idea of what is coming out of the tap. A pristine white filter that is supposed to last three weeks becomes a dark brown tube of sludge after just three to five days. There is no doubt that the men behind Molecule believe in their product, of which they will happily share a free sample. In fact, they see themselves as a step in the right direction for people to find a way to better health. They envision shops all over the city, a bottling plant and are soon to implement large, bottled-water deliveries that they say will be priced competitively with other services. So, as the saying goes, you pay your money and you take your choice. In the meantime, we’re hoping that the news will start to run a health report along with the weather, just so we know what is good for us on any given day and what is not. But at least we know that water is always going to be beneficial, right? Well, unless you drink too much of it, since that can lead to water intoxication, which means that…well, you can look it up. I’m going out for a beer.

Photos by Bob Krasner

Adam Ruhf, above right, is one of the owners of the new Molecule water-only cafe.

After only a few days filtering city tap water, Molecule’s clean, white filters become saturated with brown sludge, and are replaced. In addition to removing impurities, the cafe can also add vitamins, minerals and beneficial herbs to customers’ aqua.

September 6 - 12, 2012

‘Kinky sex’ defense fails: Killer of Edgard Mercado gets 4 to 15 BY DUNCAN OSBORNE The convicted killer of Edgard Mercado could serve as much as 15 years in prison after a Manhattan judge sentenced him to a term of four to 15 years in the 2009 strangling death. “I am going to sentence you to the maximum, but the minimum will be four years,” said Judge Bruce Allen at the Aug. 15 sentencing of Davawn Robinson, now 25. In 2009, Robinson and Mercado, who was 39 at his death, met at Chi Chiz, a West Village gay bar since closed. They had drinks, purchased cocaine, and traveled by cab to Mercado’s East Village apartment. Once at the apartment, they used the cocaine and drank wine. What happened next was the central dispute at trial. The prosecution, which was handled by John A. McConnell and Leila Kermani, two assistant district attorneys, charged that Robinson strangled Mercado to death as part of a robbery. Defense attorneys from the Legal Aid Society argued that Robinson accidentally killed Mercado during consensual sex that included erotic asphyxiation. Jurors had to decide if Robinson was guilty of second-degree murder, which would mean he intended Mercado’s death; second-degree manslaughter, meaning he acted recklessly; or criminally negligent homicide. Jurors convicted Robinson on the manslaughter charge. His first trial ended in a mistrial after jurors could not reach a verdict. At the sentencing hearing, Allen told Robinson that he saw the act as “very close to intentional homicide.” “I don’t know what happened obviously, but you could have turned back at some point,” Allen said. “I believe that you are remorseful, but we have to live with our acts.” Mercado’s sister wept uncontrollably as she read her statement and one from their parents. “Why did this person have to take my brother’s life?” his sister asked. Robinson spoke, saying he felt “immeasurable guilt and extreme remorse” over the killing. “To the family, I’ve been waiting for almost three years to be able to say that I’m sorry,” Robinson said. Immediately following the killing, Robinson told police that he acted in selfdefense when he killed Mercado. The claim that the death came during sex emerged at the trial. Police found no bondage toys or porn in Mercado’s apartment, and the rope that was used to kill him was a belt from a dance uniform the victim used for a class. When Robinson left the apartment, he took

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Edgard Mercado was strangled to death in his East Village apartment in 2009.

Mercado’s computer and cell phone. The sentence means that Robinson will be eligible for parole after serving four years. He has been in jail since the killing and that time counts toward his prison sentence. He gets a parole hearing every two years while serving his sentence. If he has no serious infractions and cooperates in prison, he will receive a conditional release after serving two-thirds, or 10 years, of the sentence. The trial arguments continued in statements the prosecution and defense made at the sentencing hearing. “The defendant did this in one of the most brutal ways one human being can kill another,” Kermani said. “The defendant showed Edgard no mercy. He chose to keep going, he chose to keep on pulling even after Edgard was unconscious.” Stephanie Kaplan, one of two attorneys who represented Robinson, read a long statement in which she twice called the killing a “sexual accident” and asked for minimum prison time. “We must consider both parties’ involvement,” Kaplan said. “We cannot simply ignore the consensual nature of the acts that led to Mr. Mercado’s death… . The consensual nature of the risky conduct drastically reduces Davawn’s culpability.”

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Since the mid-1990s, there’s been a fair amount of angst in New York about what the impact would be as managed care moved into health care. This was particularly a concern as it applies to the most neediest of our citizens — those relying on Medicaid. Back in the ‘90s, although managed care was sweeping the nation, it was also getting a bad name. This was mainly because insurers made Health Maintenance Organizations, better known to you as HMOs, awfully restrictive. What happened back then with managed care in New York, especially as it might be applied to those on Medicaid? Well, nothing really. Nothing significant anyway. The State mostly stayed out of the managed care fray at the time. Moving forward, managed care plans, while they didn’t go away for the mainstream insured, their unpopularity led employer health plans to drift away from them. But, like the little girl said in the movie Poltergeist: “They’re baaack!” Early in the past decade, New York’s Department of Health (DOH) made a commitment to the feds to move toward managed care for its Medicaid recipients. But again, not a lot happened for a while. Probably the first significant step the Health Department took was to create Special Needs Plans (SNPs) in 2003 for persons living with HIV/AIDS who are on Medicaid. It wasn’t until September 2010, though, that the State made enrollment in a SNP (or a regular managed care plan) mandatory for those with HIV. Even so, HIV managed care plans have a number of significant, and often costly, “carve outs” exempted from the plans. These services remain in the domain of providers, who are reimbursed directly and not by managed care, with a rate based on fee for service. Expensive AIDS drugs are also a “pass-through” – that is, their costs are borne entirely by the State. In 2010, the State took a giant leap forward in its commitment to Medicaid managed care when Governor Cuomo created a Medicaid Redesign Team. The MRT recommended a sweeping range of Medicaid reforms. This included that all Medicaid recipients ultimately should be required to enroll in a managed care plan. Most all of the MRT’s recommendations were adopted in the 2011-12 state budget. The first major undertaking is mandatory enrollment of Medicaid-eligible individuals in Managed Long-Term Care (MLTC) for those who require at least 120 days of continuing care, and who are nursing home-eligible. These are individuals who can continue to live at home, or other community setting, with the right array of care and services. There have been some starts and stops from the State on this, but they are just bumps in the road. Medicaid patients can be confronted with major changes sometimes in managed care, affecting how and where they get care and services. They need to be educated so they can make the best plan choices. For providers, the changes can also be significant — impacting where and from whom they get their patients/clients, who pays them (in managed care, the plan pays, not Medicaid directly) and what is reimbursable It’s pretty clear that certain care and services that providers are accustomed to offering could fall by the wayside for not much of a reason other than a managed care plan doesn’t see a particular added value for them. So those costs aren’t always going to be sufficiently covered in a managed care plan’s arrangement for reimbursement. And the State itself is already making changes in Medicaid reimbursement -- putting in place, for example, in 2011 major revisions in home care reimbursement that have changed the scope and duration of services. John F. Kennedy once remarked, “The Chinese use two brush strokes to write the word ‘crisis.’ One brush stroke stands for danger; the other for opportunity. In a crisis, be aware of the danger – but recognize the opportunity.” There are many good things about the State’s move to managed long-term care. The inclusion of care coordination and the encouragement to establish Health Homes are good examples. When well executed, this means that the patient is going to get the right service, in the right place, at the right time. There may be no more important a mantra in the delivery of health care. In terms of opportunity, at VillageCare, we’ve opened a new managed long-term care plan, called VillageCareMAX. VillageCareMAX is the first new managed care plan approved by the Department of Health in many years, and we were the first one approved by the State in its request for proposals to establish new plans to expand access to managed care. We like to think that our plan is special. It’s great, I think, that VillageCare is able to take the lead on this important Medicaid initiative. It’s noteworthy that the new VillageCareMAX is a provider-sponsored plan. Because of that, we have a clearer understanding of individual needs, backed by our long and successful history of innovation with new and creative responses in long-term and chronic care. If you’d like to learn more about VillageCareMAX, please call 1.800.4MYMAXCARE (800.469.6292) or visit www.VillageCareMAX.org. (Ms. DeVito is president and chief executive officer of not-for-profit VillageCare, which serves more than 12,200 persons annually in community-based and residential care programs for older adults and those living with HIV/AIDS.)

September 6 - 12, 2012

EDITORIAL 11 years after 9/11 There isn’t as much hype around this year’s 9/11 anniversary as there was last year. Understandably, the 10-year anniversary carried a special significance. Yet, for local residents who witnessed the attacks or lived through the aftereffects, every September brings back the wrenching memories and emotions attached to that fateful day. Locals will never forget the dreadful moments in the minutes after the hijacked planes crashed into the Twin Towers — when some were dropping their children off at school, others rushing to work late and others working in the Towers themselves. But most memorable, perhaps, is the way in which area residents came together to rebuild their shattered, desolate area. People from all walks of life have participated in Downtown’s post-9/11 rebuilding effort, which has resulted in the area becoming one of the most prosperous residential and commercial districts in the city. Since 2001, Downtown has seen its residential population double in size, several new K-12 schools open up and scores of businesses sign leases for commercial space. Yet with Lower Manhattan’s successes have come serious challenges. As has been widely reported, the National September 11 Memorial Museum isn’t opening this month, as had been hoped, due to a seemingly endless financial dispute between the 9/11 Memorial Foundation and the Port Authority. The delay is troubling, and particularly galling for those who lost loved ones on 9/11 and who have been anxiously awaiting the museum’s opening for years now. It’s time for the disputing parties to come together and reach a workable compromise and get the job done — to honor the deceased 11 years after the attacks. The lack of a robust tenancy for the new World Trade Center towers is also worrisome. Though developer Larry Silverstein continues to voice optimism for Tower 3, for example, there is no reason to believe he will be able to meet his commitment of leasing 400,000 square feet of space by the end of 2013. If he isn’t able to do so, construction on the building will come to a halt, and the developer will build a temporary roof atop the seven floors already built out. This would create anxiety about the tower’s fate and postpone the completion date beyond the current target of 2015. That, in turn, could have a detrimental impact on the W.T.C. complex as a whole — in terms of both completion and tenancy — since construction of all the towers is often interconnected. Downtown is also struggling to keep its public infrastructure up to the level of its residential growth. And the neighborhoods are experiencing a startling dearth of affordable housing — a problem without any immediate solution in sight. The few subsidized apartments left, at Independence Plaza North and Southbridge Towers, are in jeopardy of becoming market-rate, and the city hasn’t committed to building new affordable units in the area. That, coupled with the thriving real estate market, will continue to push middle- and low-income families out of the area. Also, Downtown’s public schools continue to burst at the seams, causing parents to search desperately for alternative options for their children’s education. But, for the most part, these are all expected and manageable growing pains in Downtown’s rebirth. We survived the worst terrorist attack on American soil in the nation’s history. The area will be able to weather the hardships accompanied by its revitalization. This is largely thanks to Downtown’s stalwart residents and elected officials, who work tirelessly to see issues through to completion in an effort to simultaneously preserve a high quality of life and rebuild their cherished neighborhoods. It is this collective dedication and strength that will get them through the coming years of shortfalls.

LETTERS TO THE EDITOR Gottfried on ‘Settlement-gate’ To The Editor: Re “Silver under scrutiny in sex harass cover-up for top pol” (news article, Sept. 30): It seems some people still think sexual harassment is acceptable and harmless. It’s not. It is cruel, unfair and an abuse of power that should never be tolerated — not in the workplace, not anywhere. The settlement was made confidential at the request of the complainants, as far as I know. Speaker Silver acknowledged he was wrong to agree to confidentiality and that he should have referred the case to the Assembly Ethics Committee. Under the Assembly rules, if the complainants had asked that the case go to the Ethics Committee, it would have. When the second set of complainants took their complaint to the Ethics Committee, it was handled swiftly and strongly by the committee and Speaker Silver. I agree with the Ethics Committee recommendations, which the speaker carried out, and I further believe Assemblymember Vito Lopez should resign from the Assembly. It is good that the speaker is bringing in independent experts to review the Assembly’s policies and practices and that he welcomes a review by the Joint Commission on Public Ethics. (The article says I did not respond to a request for comment. Actually, my office never got a call, only an e-mail to a staff member’s personal account sent shortly before the paper’s deadline, which was not seen till after the deadline.) Richard Gottfried Gottfried is assemblymember for the 75th District Editor’s note: The above-mentioned e-mail was sent at 3:15 p.m. on Wed., Aug. 29, seven hours before The Villager’s weekly deadline. An e-mail sent to the same staff member’s gmail account two days earlier, also in midafternoon, at 2 p.m., got a fairly prompt response, within three hours, by 5 p.m. That e-mail query was about Pier 40 — not the Vito Lopez sex scandal and secret settlement.

In the New York experience these districts seem designed to perpetuate dependency, nepotism, corruption and a politics based upon the crudest form of race and ethnic set-asides. Today it is so obvious that only when a people escape the stultifying and constricting limits of race and ethnicity do they have the possibility of genuine prosperity and freedom. Thomas McGonigle

Big rigs and danger corner To The Editor: Re “Soho woman riding on kick scooter is killed by long truck” (news article, Aug. 30): Big rigs should be required to come to a rolling stop, if not a full stop, even on a green light, in New York City, before making turns right or left. Big rig drivers should be aware of this, and it should be enforced. This is a walking community. There are outrageous, hostile and anonymous blog-posters all over the city this past week, indicating that this is her fault or her kick scooter’s fault. It’s unbelievable what the Wall Street Journal allows to pass online under the cloak of anonymity. Cowardice. This intersection is a constant nightmare. The Department of Transportation has essentially created a high-speed off ramp (without the ramp) from Houston St. onto Sixth Ave., and our complaints have fallen on deaf ears. The widening of Houston St. has created this dangerous situation and, without a solution, accidents will happen. I have video of drivers impatiently surrounding pedestrians at this corner, and big rigs flying around the corner, neither looking nor slowing down. The driver of the truck that killed her had a GPS. What do you think he was paying attention to? Where is the surveillance video to see what his speed was or if he slowed down? This was a gruesome death, the victim a sweet, harmless neighborhood character, and she needs justice. Where is Christine Quinn? Where is Mayor Bloomberg?

Ban the ‘bantustans’

Patrick Shields

To The Editor: Re “Unified Village, Asian-Latino districts hot topics at hearing” (news article, Aug. 23): I am shocked that liberal city politicians are still supporting the arch-reactionary concept of election districts for “protected minority groups.” Surely it is a time to simply do away with these districts that remind this reader of bantustans inside the nasty South Africa of former times.

Truck had to be illegal

IRA BLUTREICH

To The Editor Re “Soho woman riding on kick scooter is killed by long truck” (news article, Aug. 30): The tragic death of Jessica Dworkin would have been avoidable if the N.Y.P.D. were doing their job. The gar-

Continued on page 12

How many more Albany politicians will be getting free room and board?

September 6 - 12, 2012

Hudson Sq. rezoning will put South Village at risk TALKING POINT BY ANDREW BERMAN In late August the city “certified,” or began the official six-month public review and approval process, for Trinity Real Estate’s proposed Hudson Square rezoning. What happens in this process will not only have a profound and likely irreversible impact upon development in Hudson Square, a roughly 20-block area running between Canal and Houston Sts., and Sixth Ave. and Greenwich St., but in the adjacent low-rise, historic South Village, on the opposite side of Sixth Ave. between W. Fourth and Watts Sts., stretching west to LaGuardia Place and West Broadway. If done right, this rezoning could go a long way toward ensuring the preservation of the best of what there is about each of these two neighborhoods, while promoting healthy, beneficial new development. Done wrong, the character and pleasing elements of either neighborhood could be lost forever, with out-of-scale and inappropriate development quickly overwhelming both. Unfortunately, right now the plan as proposed has a lot on the “done wrong” side of the ledger and not enough on the “done right” side. This could be corrected; but doing so will likely come down to one person — City Council Speaker Christine Quinn, who represents the area. The proposed Hudson Square rezoning is intended to spur and shape new development. Right now Hudson Square is one of the few remaining areas of Manhattan that does not allow new residential development. Development is taking place there — old printing buildings are being converted into offices, and several new hotels have been built. But once residential development is allowed, the rate of development is expected to increase dramatically. Inarguably, real estate values and development pressure will dramatically increase, as they do whenever residential development is allowed in Manhattan. Proponents say the upside will be a better range of retail options that will follow, including a long-hoped-for supermarket, and turning a neighborhood that is largely empty after hours into a 24-hour community. But the current plan will allow new residential and commercial development of a

dramatic scale, dwarfing most of the existing buildings in this district. On one large site at the districts’ southern end, development would be allowed to reach 430 feet in height, or almost the height of the monstrously out-of-scale Trump Soho, which spawned calls for rezoning this neighborhood years ago. On most of the north-south thoroughfares, structures would be allowed to rise to 320 feet, or taller than 101 Ave. of the Americas (formerly Local 32BJ union headquarters), which was, until the Trump Soho came along, far and away the area’s tallest building.

It will likely come down to one person — City Council Speaker Christine Quinn, who represents the area.

Beyond this, as development pressure heats up in Hudson Square, it will no doubt increase development pressure on the adjacent South Village, a historic, low-rise residential neighborhood. We are already seeing building after building demolished in this neighborhood for new development because it lacks landmark protections. That lack of landmark protections is not for lack of trying; the Greenwich Village Society for Historic Preservation has been leading a coalition of neighborhood groups that have been fighting for landmark designation of the area for 10 years. In 2008 the city began to move ahead with designation of a fraction of the neighborhood and promised that consideration of the remaining two-thirds would follow shortly. Since then, the city has consistently refused to keep that promise, even as we have lost numerous historic buildings, including the Provincetown Playhouse and Apartments and an 1862 rowhouse at 178 Bleecker St.; and now we face the loss of the 1824 house at 186 Spring St. and possibly the Calvert Vaux-designed Children’s Aid Society building at 219 Sullivan St. In spite of the promise the city made in

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2008 to South Village preservation advocates, including myself, it looks like the Bloomberg administration has no intention of considering the remainder of the South Village for landmark designation. So will the Hudson Square rezoning, if approved, simply hasten the destruction of these two neighborhoods? It doesn’t have to. A rezoning of Hudson Square could be a great thing, and in fact G.V.S.H.P. and a whole host of community groups have been demanding a rezoning for years. But the height and bulk limits for the proposed rezoning have to be reduced substantially, so that new development blends in with the existing neighborhood, rather than towering over it. And any rezoning absolutely must be accompanied by the city finally moving ahead on the long-promised South Village Historic District. The Hudson Square rezoning’s own environmental review demonstrates the need and the rationale for this. The proposed South Village Historic District is clearly within the area the study identified as the impact zone for the rezoning and its effect upon “historic resources.” And in analyzing the historic resources, the environmental review says that the city Landmarks Preservation Commission found the proposed South Village Historic District “landmark-eligible.” This should come as no surprise. More than five years ago New York State found the South Village eligible for the State and National Registers of Historic Places. This year, the Preservation League of New York State called the South Village one of the seven most significant endangered historic sites in the state. Plus, virtually every citywide and local preservation group, block association and elected official has endorsed landmarking the area. While one might hope this would be enough to get the city to act in tandem with the rezoning to protect the South Village, it is not. But the city can do it, and there is precedent for doing so: When the city rezoned Brooklyn’s Atlantic Yards, it coupled this with the designation of an adjacent Prospect Heights Historic District, which was in that development’s “impact zone.” In Speaker Quinn’s own district, when West Chelsea was rezoned, a nearby West Chelsea Industrial Historic District was also designated to help miti-

gate the impact of the rezoning and its effect on historic resources. But given the Bloomberg administration’s clear resistance to landmarking the remainder of the South Village, this won’t happen on its own. And ultimately the only one who can make it happen is Speaker Quinn. The Hudson Square rezoning must be approved by the City Council to take effect. It is fully within the Council’s power to modify the plan, as it frequently does, and make the proposed height and bulk limits for new development lower, or send it back to the drawing board if it cannot be modified. But it is also within Speaker Quinn’s power to tell the administration that in order for the Hudson Square rezoning to move ahead, there must be follow-through on its prior promise to landmark the South Village, which will clearly be impacted by the Hudson Square rezoning, even if development height and bulk limits are lowered. The Greenwich Village Society for Historic Preservation, the Soho Alliance, Greenwich Village Block Associations, the Greenwich Village Community Task Force, and local block associations have all asked Speaker Quinn to do just that, as have hundreds of individuals. We hope Community Board 2, which will be holding hearings this month on the proposed Hudson Square rezoning, will also help put on the pressure. And Speaker Quinn has gone on record in support of landmarking the South Village. But now is the time to put some muscle behind that request. We need Speaker Quinn to not just ask for, but insist upon, the city keeping this overdue commitment. Now is the time, and it may be the last opportunity we have to get the Bloomberg administration to keep its commitment to protect the fragile and historic South Village neighborhood. Community Board 2 will be holding public hearings on the proposed Hudson Square rezoning on Thurs., Sept. 6 at 6:30 p.m. at the Saatchi & Saatchi Building, 375 Hudson St. (at King St.), ground floor, and on Wed., Sept. 19 at 6:30 p.m. at the Fire Museum, 278 Spring St. (between Varick and Hudson Sts.), third floor. Berman is executive director, Greenwich Village Society for Historic Preservation

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September 6 - 12, 2012

LETTERS TO THE EDITOR Continued from page 10 gantuan tractor-trailer that crushed sweet Jessica was clearly in violation of New York City’s restriction of vehicles exceeding 55 feet in length. In the 1990s the Soho community protested continuously about these overly long trucks’ presence and dedicated truck enforcement was initiated. During the interminable Bloomberg years, truck enforcement has virtually disappeared. The cops are apparently too busy shooting dogs, pot smokers and pedestrians. At the onset of Councilmember Chin’s term, I hand-delivered volumes of information to her staff about illegal trucking that devastates her district daily, but never received a return inquiry. The Angry Buddhist a.k.a. Carl Rosenstein

Killed by a steel beast To The Editor: Re “Soho woman riding on kick scooter is killed by long truck” (news article, Aug. 30): What an immense tragedy. Such a sweet, creative lady. She always put forth the

effort to be positive in a world that often seems harsh and brutal. Ultimately, she was caught in the hustle, the hurry-up, the swarm of frustration. That is when these huge, rumbling, steel beasts cut corners — and take chances, with your life. Heaven help those who are in the way, whether they be a woman on a scooter or a mother with a carriage. The beast simply consumes. I will try to remember Ms. Blue as I knew her; not the senseless way we lost her.

Passionate and precocious To The Editor: Re “Shulamith Firestone, radical feminist, wrote best-seller, 67” (obituary, Aug. 30): She was precious to this world and apparently forgot that and herself. The world will not, I think, forget her. Perhaps her passionate talent, which no doubt was too precocious, estranged her from many, causing her to impose an isolation she felt, for good reason, had come from without. A self-immolating inner fire, alas. All was so deep within for her, and now so deep for us, without (her).

to cast horoscopes and did one for me at the time. She had no symptoms of mental illness that I could see, but wanted to preserve her private life and keep it separate from the public arena of books and politics that had opened up to her when her book became a best-seller. This is not the same as being a recluse, since she did go out to bookstores, etc., at the time, though she may have tended to become reclusive later, according to the obituaries. Anton Mikofsky

A great read — thanks!

Maeve McKavitt Lawrence White

Gave us a wonderful gift To The Editor: Re “Shulamith Firestone, radical feminist, wrote best-seller, 67” (obituary, Aug. 30): I am sad to hear of this passing and particularly the isolation she experienced in the later years of her life. She was a person with a wonderful gift. She shared as much as she could. She did good for all women caught in the trappings of our male-dominated cultures. R.I.P., Shula.

Fixation on cyber birth To The Editor: Re “Shulamith Firestone, radical feminist, wrote best-seller, 67” (obituary, Aug. 30): “The Dialectic of Sex” made me a radical feminist. It annoys me that the one shortcoming in her book (on repro tech) is almost the only part that journalists mention. The book is full of fantastic and insightful analyses. To write such a book so young is its own tribute. I value her thoughtful work as foundational. Susan Hawthorne

Kathy Grinslade

Changed consciousness To The Editor: Re “Shulamith Firestone, radical feminist, wrote best-seller, 67” (obituary, Aug. 30): I fell in and out of Shulamith’s life for decades (or maybe was thrown out, then re-embraced). Always loved her. A wonderful friend. Deep, compassionate, honest in ways few people can be. She suffered greatly, often harrowingly. Even with that, knowing her brought me great joy and affirmation. In addition to “The Dialectic of Sex,” “Airless Spaces” is a magnificent book, as are many other things she wrote over the years, most of which haven’t been published. She was also a wonderful painter and poet. And could be funny as hell. She helped change consciousness and paid a terrible price for it. Robert Roth

To The Editor: Re “Restoring my vision, getting set to test the waters” (notebook, by Kate Walter, Aug. 23): I always enjoy Kate’s hopeful view of her life experiences. There is nothing more entertaining to the human animal than a great storyteller! Frances Holden

Save Beal, save ourselves To The Editor: Re “Beal pleads guilty, but med defense not up in smoke” (news article, Aug. 30): Failure to wake up to what’s going on can result in the death of us all. Three of Fukushima’s nuclear reactors are in meltdown and unless we free the responsible leadership of the marijuana movement, including Dana Beal, we are in danger of experiencing what scientists are calling an E.L.E. — Extinction Level Event. Dana’s skills with both medical marijuana and ibogaine can be key to helping us save ourselves with tools like Rick Simpson’s Cancer Oil that has Tommy Chong’s prostate cancer in remission in less than three months. Or medical marijuana smoke for respiratory and other health problems. Or hemp foods for additional health. Stupid rules, unfortunately. But the real heroes, like Gandhi, King and Beal must be free to help We The People heal. With medical marijuana, we can start the healing now. I’ve known Dana for almost a quarter of a century. Nobody in New York knows more about using marijuana to solve our problems than Dana Beal. No wonder they want Dana in jail. Remember the book “The Peter Principle”? The control technique is called “create a crisis and pretend to solve it.” It’s way past time for the tail to stop wagging the dog and the people to stop eating the dog food. It’s time for us to think for ourselves. Free Dana Beal and all nonviolent drug-war prisoners. Demand intelligence in government.

She was an artist first

J. Nayer Hardin

To The Editor: Re “Shulamith Firestone, radical feminist, wrote best-seller, 67” (obituary, Aug. 30): I knew Shulamith as a friend for a while in the ’70s. She was an artist first before she was a writer. As I remember, she was or had been an artist in the CETA program. She had a wide variety of interests, from Tantra to astrology — she was able

E-mail letters, not longer than 250 words in length, to lincoln@thevillager.com or fax to 212-229-2790 or mail to The Villager, Letters to the Editor, 515 Canal St., Suite 1C, NY, NY 10013. Please include phone number for confirmation purposes. The Villager reserves the right to edit letters for space, grammar, clarity and libel. The Villager does not publish anonymous letters.

September 6 - 12, 2012

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Barrett Gross, left, speaking at a memorial for Jessica Dworkin, said, “She reminded us of the mystery of life.”

Soho mourns for Jessie Blue; Call rises to make street safer Continued from page 13 and many neighbors. One waitress at Milady’s Bar at Prince and Thompson Sts. spoke, mimicking Dworkin’s distinctive voice, recalling how the longtime Soho resident would stop in and give encouragement on slow nights. Another told how Dworkin would say, “I’m spreading the pixie dust.” One neighbor recounted how she was going through a personal hardship but a conversation with Dworkin helped, and led her to hug a tree. The anecdote brought smiles to the faces of many in the group. A Thompson St. friend spoke of how being in the late artist’s presence brought forth light and reminded people to be kind. “Be a little nice” was the message that knowing Dworkin in all her eccentricities conveyed, another said. Through his tears, Craig Walker shared the pain of her absence and how much he missed her. Holding a candle, Barrett Gross of Thompson St., summing up the feelings of many there, said, “She saw the world differently and reminded us of the mystery of life and that there are different ways of seeing.” The gathering concluded after singing “Amazing Grace.” According to the Police Department, the driver of the truck that killed Dworkin was issued two summons, one for failure to yield to a pedestrian and a second for failure to exercise due care. No information was available about witnesses to the accident. Speaking this week, Paulette Mooney, a Sixth Ave. resident, complained, “Sometimes, three lanes of vehicles make a turn at the same time. “We’re all terrified,” Mooney said, “especially seniors and mothers with baby carriages. It’s a free-for-all. Like they said at the memorial, it’s a three-lane highway feeding into a residential neighborhood.”

Village resident Phyllis Klein, who lives on the same block where the tragic accident occurred, described what she called the “terrible intersection.” “People are going at the same time that cars are racing on Houston to make the turn,” she said of the chaotic crossing. “I know how to do it — you have to know how to negotiate the crossing.” Neighborhood resident Roxanne Arena added, “There’s an elderly woman, about 85 years old, and she’s petrified to cross the street. I have to cross her. I am always looking behind me with an eye on the traffic.” Many others who frequently cross at that intersection spoke of near misses with cars that they have had or that they have witnessed. “It’s a speedway,” said Jerry Vaughan of 178 Bedford St., who ran a laundromat on Bedford St. for 35 years, admitting that he, too, was scared when crossing Sixth Ave. there. Poet Steve Dalachinsky, a Spring St. resident, suggested, “No trucks should be allowed in the neighborhood except for sanitation trucks and those proving they’re making deliveries.” Stopping at the memorial, Paulina Torrescano, 29, a Thompson St. resident, commented of the intersection, “It’s super-dangerous. I cross all the time and see that people don’t pay attention. They need a dedicated traffic light with an arrow for turning.” Asked how the Department of Transportation is responding to concerns about this dangerous and scary crossing, a spokesperson replied in an e-mail, citing recent statistics on fatalities and injuries. “There was one previous fatality in the last five years and one serious injury between 2006 and 2010, the most recent year for which data is available,” the spokesperson said. “Safety is the agency’s number one priority and D.O.T. will review any community requests.” A memorial for Dworkin will be held Tues., Sept. 18, at 10 a.m. at the senior center at Our Lady of Pompei Church, at Bleecker and Carmine Sts.

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September 6 - 12, 2012

iCarumba! Prehistoric Jobs tree could reach 200 feet BY TERESE LOEB KREUZER Not far from a towering American elm tree (Ulmus Americana) in Tompkins Square Park, a baby dawn redwood, now just a little more than 15 feet tall, stands amid a circle of mulch on a sunny lawn. But in a few decades, the baby (Metasequoia glyptostroboides) will also be a giant of 100 feet or more. In fact, these trees can grow 6 feet a year and have been known to reach a height of 200 feet. Around 50 years ago, Dutch elm disease wiped out most of the American elm trees in the United States. A grove of them in Tompkins Square Park survived, partially because the trees were planted far enough apart so that their roots didn’t touch — one of the ways in which Dutch elm disease, a fungus, was spread. The East Village’s Tompkins Square Park opened in 1850. Its elms may be nearly that old. Metasequoia glyptostroboides is also a survivor. It is in the same subfamily as the famous giant redwoods of the Sierra Nevada Mountains in California, but it is the only living species of its genus. In 1941, fossils of Metasequoia glyptostroboides were found in the SichuanHubei region of China. They dated to the Mesozoic era — 250 million to 65 million years ago, when dinosaurs were still alive. The tree was thought to be extinct. Two years later, a few living trees

Photo by Terese Loeb Kreuzer

Matthew Stephens, director of street tree planting for the city Parks Department, with the Steve Jobs baby Metasequoia glyptostroboides, a.k.a. dawn redwood, in Tompkins Square Park.

were discovered in Hubei, but because of World War II, they weren’t studied until 1946. Finally, in 1948, Metasequoia

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glyptostroboides was classified as a new living species. The Arnold Arboretum at Harvard University collected seeds from three trees and distributed them to other arboretums and universities. Descendants of those three trees have been planted in parks and gardens worldwide. There are five of these trees in Battery Park City — one on the esplanade at Third Place and four in Rockefeller Park. There is also a large specimen on East Houston St. at the Bowery in the Liz Christy Community Garden — New York City’s first community garden, which opened in 1973. That tree is now taller than the nine-story building next to which it was planted. The tree is still considered “critically endangered” in its native China. “Metasequoia is such a big deal because we thought it was extinct,” said Matthew Stephens, director of street tree planting for the city Parks Department. “It’s definitely not common now, but it is accessible. This is the equivalent of finding a dinosaur somewhere on the planet still alive in a tucked-away corner and then redistributing it throughout the world so that people could have it in their backyard.” Tompkins Square Park’s Metasequoia glyptostroboides was planted in November 2011 by the New York Restoration Project, a nonprofit organization founded by Bette Midler dedicated to transforming open spaces in the city’s underserved communities. In 2007, Mayor Bloomberg launched the Million Trees NYC initiative in conjunction with the New York Restoration Project. The plan was to plant 1 million trees in New York City by 2017. Since

the project started, 613,000 trees have been planted, with five years to go. Even before the Million Trees NYC initiative, New York City had one of the largest and most diverse urban forests in the country. Currently, there are around 625,000 trees on New York City streets and a total of around 5.2 million trees in the five boroughs. Anne Tan, a Restoration Project spokesperson, said that although Midler didn’t know Apple C.E.O. Steve Jobs personally, she was so moved by his life and death that she wanted to do something to memorialize him. “It made sense, with the mission of our organization, to plant a tree to honor him,” Tan said. “Tompkins Square Park had recently lost a significant tree and the Jobs tree was an opportunity to restore a spectacular tree at that location.” Tan said the dawn redwood was chosen because it is similar to the sequoias of Northern California where Jobs lived. A plaque in Tompkins Square Park records the gift. It says, “In Honor of Steve Jobs. Stay Hungry. Stay Foolish.” Metasequoia glyptostroboides is one of two deciduous conifers. The other is the bald cypress (Taxodium distichum), a specimen of which is also in Tompkins Square Park near the large, central elm tree. Unlike most conifers, which keep their needles all year long, these lose their needles as the weather cools; they fade to a cinnamon color before they fall off. “The earliest trees on the planet were conifers because it’s a simple reproduction method — seeds and cones,” Stephens said. “It doesn’t rely on wind or insects or anything else to reproduce. Taxodium and Metasequoia are genetically very close. Taxodium is a little more common than Metasequoia, but it is certainly not your everyday tree.” The bald cypress is native to the southeastern United States, and like the dawn redwood, is of ancient ancestry. Bald cypress fossils have been found dating from the Jurassic era, 200 million to 146 million years ago. These trees can live more than 1,000 years. A specimen in Bladen County, North Carolina, is more than 1,620 years old. Tompkins Square Park’s Taxodium was planted six to eight years ago, according to Stephens, and is still a spindly baby. Because they are tolerant of urban pollution, both Taxodium and Metasequoia have also been planted along New York City streets, he said. Stephens called Metasequoia glyptostroboides “the comeback story of conservation” that hasn’t been replicated elsewhere. “Tigers, pandas — everything has been a struggle,” he said. “Metasequoias aren’t found everywhere, but you can go to many local garden centers and probably find a couple. This really can be traced back to half a dozen people who found it, figured they could do something about it, and then actually did.”

September 6 - 12, 2012

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September 6 - 12, 2012

Redistricting advocates hoping for further changes Continued from page 1 were in District 2. Meanwhile, contrary to rumors and speculation over the past year that Council District 1, currently represented by Margaret Chin, might lose Soho and N.Y.U.’s South Village superblocks, that hasn’t happened — at least not so far. Changes to District 1 include the loss to District 2 of a section of blocks east of Broadway and north of Houston St. Also, District 2 has gained part of the Vladeck Houses that was in District 1. That this housing complex formerly was split between Chin’s district and District 2, represented by Rosie Mendez, had been causing some logistical issues. The biggest change — though not one necessarily demanded by any advocates — was the extension of District 2 up through the E. 20s, 30s and 40s into the Central Business District. This change is to adjust for the big population growth in District 3, particularly in Chelsea, where development has been booming around the High Line. Every 10 years, Council districts are adjusted to reflect population changes based on Census data. However, district lines must also be drawn so that “protected groups,” including minorities, such as blacks, Latinos and Asians, are able to elect candidates of their choice. Also, the districts must be drawn in such a way as to keep together “communities of interest.” Another round of public hearings — based on the preliminary draft map — will be held next month. While the current preliminary map reflects population changes, the next part of the process will look more closely at how best to represent communities. “There are many more views that need to be shared with the commission given the significance of redrawing these lines for the next 10 years,” said Benito Romano, the Districting Commission chairperson. “We encourage the public to participate and look forward to hearing from more of the public in the second round of hearings.” Added Carl Hum, the commission’s executive director, “We thank the public for attending the first round of hearings. It is only through the public’s participation that the commission will understand how communities are defined and that the next Council lines reflect the needs and diversity of our city.” As another way of soliciting input, the commission has added a mapping tool on its Web site to allow the public to create a map, draw Council district lines and submit them to the commission. Asian Americans for Equality expressed support for the preliminary map. “We appreciate that the commission has preserved most of Districts 1, 2 and 3 in their current form, which will allow opportunities for the Asian, Latino and L.G.BT. communities to elect their own representatives and avoid contentious fights that have recently occurred in other city races,” said Christopher Kui, AAFE’s executive director. A press release by AAFE added: “The current configuration allows for each major group to keep the integrity of their neighborhoods without pitting the aspirations of the electoral process against each other. The current districts respect the Voting Rights Act and ensure that minority groups are not forced into a zero-sum game where having one representative comes at the expense of the other. This allowed three strong women — a Chinese-American, a staunch advocate of the L.G.B.T. community, and a Puerto Rican — who is also in her own right a champion of the L.G.B.T. community — to represent the core constituents and major pluralities of those districts.” In a statement, Chin said, “I am confident that the current boundaries of District 1, including the neighborhoods of Tribeca, the Financial District, Chinatown, the Lower East Side, Washington Square Village and parts of Soho, will essentially remain intact as the redistricting process contin-

The preliminary map issued by the Districting Commission shows the biggest change affecting District 2 and District 3, the former which takes a large chunk of the latter in the E. 20s through E. 40s.

The “Unity Map” backed by AALDEF chops Tribeca and Battery Park City out of District 1 and takes in Housing Authority developments along the East River south of East Houston St.

ues. “Contrary to what some critics want you to believe,” Chin said, “these communities share more in common than they count as differences. Communities of interest are based on more than just skin color. All over Lower Manhattan, affordable housing is disappearing. Luxury development is on the rise and middle-, moderate- and low-income individuals are struggling to stay in their homes on the Lower East Side and in Tribeca. “School overcrowding is an issue that affects everyone who lives below Houston St., no matter how much money you make,” she continued. “Small business owners — whether it’s a boutique shop in Nolita or a restaurant in Chinatown — struggle to make a profit in an uncertain economy. Traffic, vending and construction are chronic quality-of-life issues that affect every single neighborhood in Lower Manhattan. “When I look at a map of my district, I see neighborhoods that are united by common bonds — but also common problems. As a diverse district, it is our responsibility to come together with a united voice and use this to advocate for our district and our fair share of resources. If we can do this, I am certain Lower Manhattan will continue to make great strides in the years ahead.” However, the Asian American Legal Defense and Education Fund — which wants an Asian-Latino district that would include parts of the current Districts 1 and 2 — joined other minority advocacy groups in releasing a citywide “Unity Map” with their preferred district lines that, they contend, reflect the city’s changing demographics. The Unity Map chops Tribeca and Battery Park City out of District 1 and sticks them in District 3; and it extends District 1’s northern boundary all the way across East Houston St. to take in more of the Lower East Side, including the Housing Authority developments along the East River south of Houston St. “We urge the Districting Commission to adopt the Unity Map in order to meet the requirements of the Voting Rights Act and keep communities of interest together,” said Margaret Fung, AALDEF executive director. “This will ensure that Asian-Americans, blacks and Latinos have fair representation in the New York City Council and can elect candidates of their choice.” Fung argues that both District 1 and District 2 have been gaining white population, making it less uncertain that District 1 will continue to elect an Asian-American and District 2 a Latino. Jerry Vattamala, AADEF’s attorney, said there is the possibility of a lawsuit if the city doesn’t heed the call for a Lower Manhattan Asian-Latino district, but Fung said it’s a bit premature to say that at this point. Jonathan Geballe, president of the Village Independent Democrats club, said he was disappointed that the preliminary map doesn’t go further toward uniting the historic Greenwich Village district. “It is in the law that communities of interest are supposed to be kept together,” Geballe said. “It’s going to continue this very unfortunate division, if this is adopted.” Geballe, former Councilmember Carol Greitzer and longtime Village politico Frieda Bradlow support the idea of extending District 3’s eastern boundary to somewhere around the Bowery/Fourth Ave. Corey Johnson, a candidate for City Council in District 3, said he was glad to see that the preliminary map shows the district retaining Chelsea and Hell’s Kitchen, which, according to the Census, have had an increase in the number of gay couples in relationships. The Census undercounts gays, he said, since only those who are in relationships can indicate their sexuality on the form. Finally, Andrew Berman, executive director of the Greenwich Village Society of Historic Preservation, wasn’t “districted out” of District 3, since his home in the West 40s is still in the district. He had no update on whether he plans to run for Council, though.

September 6 - 12, 2012

Dueling Pier 40 P.R. campaigns Continued from page 4

estate and development share a similar view of the future of Pier 40 that supports the park and preserves the playing fields,â&#x20AC;? she said. Glick figured the parking rates might rise a bit with the attendant parking, though adding, â&#x20AC;&#x153;I would hope it wouldnâ&#x20AC;&#x2122;t be dramatic.â&#x20AC;? Meanwhile, she said, she could see the space freed up by consolidating the parking being used by â&#x20AC;&#x153;new media or post-production film facilities, maybe gallery space, too. Thereâ&#x20AC;&#x2122;s great potential for natural light,â&#x20AC;? she noted of Pier 40. However, the park actâ&#x20AC;&#x2122;s prohibitions against housing must remain, she warned, or else, â&#x20AC;&#x153;The entire Lower West Side will be developed over time and the river will be walled off.â&#x20AC;?

GOTTFRIED: â&#x20AC;&#x2DC;WE NEED OPTIONSâ&#x20AC;&#x2122; Assemblymember Richard Gottfried coauthored the 1998 park act, and his district includes Hudson River Park north of W. 14th St. This spring he was won over to the idea of residential housing on Pier 40 as the best way to save both the pier and the cash-strapped park. On the other hand, at the big public meeting the Trust held about Pier 40 in May, he stated, â&#x20AC;&#x153;A parking garage and a tow pound â&#x20AC;&#x201D; I donâ&#x20AC;&#x2122;t think either one of these belongs in Hudson River Park.â&#x20AC;? The Police Departmentâ&#x20AC;&#x2122;s tow pound is currently on Pier 76, at W. 36th St. Asked last week about the new Durst/ Korman plan, Gottfried said, â&#x20AC;&#x153;We need a broad range of options on the table for Pier 40 and Pier 76, including office buildings, parking garages, housing, hotels and longer lease terms to allow financing. They should be allowed in the law. Then there would have to be an open planning process to evaluate the revenue potential, traffic impact and other factors for these options. The law requires a request for proposals, public hearings by the Hudson River Park Trust, and the city ULURP process. The Trust has a good track record of getting broad community input. Douglas Durst is an extraordinary friend of the park. Any proposal he is advancing deserves our attention. The legislation I support would help make that happen.â&#x20AC;? By â&#x20AC;&#x153;the legislation I support,â&#x20AC;? Gottfried was referring to proposed legislative changes that the Trust is expected to ask the state Legislature to approve either in a special session in November or December or, if not then, likely in March, when the state budget is passed.

LIKES INCREMENTAL IDEA Arthur Schwartz, co-chairperson of Community Board 2â&#x20AC;&#x2122;s Waterfront Committee and head of the Hudson River Park Advisory Council, also expressed respect for Durst and said the incremental-approach idea â&#x20AC;&#x153;was a step in the right direction.â&#x20AC;? But he worried where the needed millions would come from to renovate the pierâ&#x20AC;&#x2122;s dilapidated roof and corroded pilings. â&#x20AC;&#x153;The community advocates who have struggled with Pier 40 development issues since 2002, as part of two task forces, have long called for incremental development; develop-

ing the pier piece by piece, instead of as part of a grand plan,â&#x20AC;? Schwartz said. â&#x20AC;&#x153;If anyone can figure out how to do this itâ&#x20AC;&#x2122;s Doug Durst, and I look forward to discussing his proposal with him from a community perspective.â&#x20AC;?

â&#x20AC;&#x2DC;FAIRY-TALE TECH CAMPUS?â&#x20AC;&#x2122; P3 (Pier, Park and Playground Association) is one of the youth sports groups that commissioned the consultantâ&#x20AC;&#x2122;s study that found housing was the best high revenue/low impact option for Pier 40. Asked his thoughts on Durstâ&#x20AC;&#x2122;s plan, Tobi Bergman, P3â&#x20AC;&#x2122;s president, was skeptical. â&#x20AC;&#x153;The proposal wants to open up 500,000 square feet for commercial use based on an R.F.P.,â&#x20AC;? Bergman said. â&#x20AC;&#x153;But what if a fairy-tale tech campus doesnâ&#x20AC;&#x2122;t bid? Then we are left with generic commercial space that can be legally used for retail and entertainment, and what we have is a back-door approach to the same kinds of proposals that the community has rejected twice before.â&#x20AC;? (Indeed, the city has been giving away free space for high-tech campuses in other places lately, so, some would ask, why would anyone pay for it at Pier 40?) Bergman added, â&#x20AC;&#x153;Why insist on preserving the existing pier-shed structure when other plans might create more park space and more river access? Isnâ&#x20AC;&#x2122;t the idea to have a better park? â&#x20AC;&#x153;The Pier 40 Partnership tried to show this approach works and the conclusion was it probably doesnâ&#x20AC;&#x2122;t,â&#x20AC;? Bergman said. â&#x20AC;&#x153;The existing building is poorly configured for most other uses. â&#x20AC;Ś And income from parking is too unreliable to support the investment. Shifting the costs to other commercial uses overstresses the added development.â&#x20AC;?

P.R., PRO AND CON Meanwhile, the local youth sports groups are poised to launch a new P.R. campaign in support of residential use at Pier 40. Called The Pier 40 Champions, theyâ&#x20AC;&#x2122;ll use architects and urban planners to illustrate possible schemes for residential or mixed-use development on the pier. According to a member of the group, the concept will be to graphically show how â&#x20AC;&#x153;a residential project can increase the space on the pier available for playing fields, improve access and openness to the river, and bring more income to the Trust, based on a solution that brings in fewer than 1,000 [residents] who will care deeply about the park instead of hundreds of thousands [of people coming to a destination retail or entertainment-use pier] who could care less about it.â&#x20AC;? The group plans to use a Facebook page to allow people to see the visuals and comment. Not to be outdone, Glick plans to wage her own visual campaign to show how putting housing on Pier 40 will â&#x20AC;&#x153;wall off the waterfront.â&#x20AC;? An architect friend of Glickâ&#x20AC;&#x2122;s office has produced basic renderings showing what the West Houston St. pier could look like with 15-story-or-higher residential towers added along its northern edge.

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Ai Weiwei learned the art of protest on the L.E.S. some footage from that infamous night. I sent them material. It turns out that Ai Weiwei was photographing some of the same incidents, at the same place, and at the time, as I was videotaping. This opened up a door of communication. I mentioned “Captured,” the documentary film about me, to him and he asked if I would I send him a copy, which I did. He said he would get it translated into Mandarin.

CLAYTON BY CLAYTON PATTERSON After watching the Ai Weiwei documentary, “Ai Weiwei: Never Sorry,” I was somewhat surprised by the parallel between his journey and my own. Elsa and I moved to the Lower East Side in 1979 when the city was still a down-and-dirty place. In 1981 I had an art career moving forward in then-fashionable Soho, but I did not fit into that world. I dropped out of chasing the art career. My aesthetic compass pulled me toward the obscure, the outsider, the misfit, the underground and the working class. Instead of Warhol I connected with Boris Lurie and NO!art. Instead of Ginsberg, Lionel Ziprin captured my soul. At first glance Weiwei and I are complete opposites. In 1981 Ai Weiwei left Beijing and moved to the Lower East Side and stayed until 1993. Like most creative people, he recognized New York City as the art mecca and came looking to work on his art career. It seems his goal was to center himself in the elitist inner circle of the art world establishment and to be connected to the art stars, like Warhol and Allen Ginsberg. He was already quite well established as a Chinese artist and had a number of prestigious shows in both China and America under his belt. My life as a political activist started a day or so after Aug. 7, 1988. The local community board had decided to enforce a 1 a.m. curfew on Tomkins Square Park. On July 31 local activists held a protest to keep the park open. The cops and the protestors clashed. The protestors did better than the cops and the park stayed open. The cops regrouped and spent the next week preparing to come back to teach the protestors a lesson. The objective was not to enforce the curfew. A deal had been made with the homeless. They could remain in the park if they stayed away from the protest and out of the front section of the park. The target was the protesters. The end result was not what the cops wanted or expected. That night changed the direction of my life. The reason I was at the park was to document the protest with my low-light Panasonic AG155 video camera. I had become quite good at using this new technology. This new commercial video camera freed up the user from the burdens of the professional camera. The professionals used a heavy industrial camera, which needed an external microphone and light-source person. This light camera gave me the same freedom of movement as the protestors. When community leaders met with the police brass to try and resolve the conflict, nobody thought about this guy with this amateur plastic camera. That night, with my little video camera, I captured 3 hours and 33 minutes of police mayhem, which led to six cops criminally indicted, a chief retired, a captain moved out of the precinct, cops fired, my

Some of my communication with his assistant: Hi Clayton, We received the dvd. Weiwei will watch it and find someone to do the translation. Best, E-Shyh I was invited to visit him in Beijing: Hi Clayton, When do you think you would come? E-Shyh

Photo by Clayton Patterson

Ai Weiwei back in his New York City days.

arrest and the night being classified as a police riot. This night was the beginning of several years of protests, numerous riots and conflicts between the police and the antigentrification protesters. The year 1992 was the turning point. The handheld video camera had never been used in this way before. I learned to use the camera as a powerful political tool. It was now possible, in a very upfront and in-your-face way, to confront authority when I thought they were wrong and a way to capture the madness of the moment. And the statement I made on the Oprah show, “Little Brother Is Watching Big Brother,” pretty much sums up how powerful I thought this new technology was. The tapes had other activist uses as well. First of these was to get the images to the public — TV, community media. Today we have the Internet. Dealing with police misconduct on a legal level there are three ways to confront the problem at hand. The lowest level is to make a complaint to the C.C.R.B. (Civilian Complaint Review Board). Not that the C.C.R.B. will do anything, but you are making a record. Next there is the criminal court case, and then later the civil court. Over the years many of my videotapes were effectively used in numerous C.C.R.B. complaints, court cases and lawsuits against the city. A more rare occurrence was a tape used in a departmental police trial. Of course I paid a price for my activism. I was arrested numerous times, and spent more than 20 years dealing with different court cases. I knew Ai Weiwei as another community photographer documenting the chaos of this period. It wasn’t until his show at the Tate Museum, though, that I learned that he was there the night of the police riot. I got an e-mail from the BBC saying they were doing a documentary on Weiwei and requesting

I was excited that “Captured” was going to be translated into Mandarin, and I was considering going to visit him in China. Then things changed. I was at the airport on my way to Austria. At the newsstand there on the front page of the Financial Times was a photograph of Weiwei, and the headline stated that he had been arrested. Next communication: Dear Clayton, Thank you for your e-mail. WW is doing well. He is at home but unable to leave Beijing for up to one year and restricted from using the internet and to give interviews. He told me to tell you that the DVD is now missing and asks if you can send another. It would be great if you can send a digital copy of that photo. We just got our computers and archives back from the police. There were a few photos of you in WW’s archives that we can share with you but it will take a while to locate it in the archives again. Best, E-Shyh I sent him another DVD, which he eventually got. I never got any photos from him, and communication became difficult. There is one particular photograph I would like to have gotten from him. He took a shot of me coming out of a court case. Since a person is not allowed to take any kind of protest material into the court building I had written “DUMP KOCH” on my palms. He took a picture and got it into The New York Times. Watching the movie on Ai Weiwei I was surprised and pleased at how much he had learned about the use and the power of the handheld video camera. He understood the statement “Little Brother Is Watching Big Brother” and took it to heart. Then he followed the same path — get the images into the public domain, make a complaint to the authorities, use the video as evidence in a criminal case, showing what really happened — make a lawsuit. And of course he now is facing the same problems I faced. China or America, the same problem with authority — lies and denials. Videotape exposes the lies and denials. The major difference between his struggle and mine is that he is recognized as a world-renowned artist. I am a figure on the Lower East Side. New York City is no longer the art mecca and I am still here. He captured New York City going down as the art capital and is riding the wave as Beijing is rising to become the new mecca. He is a very smart man. And it is an honor to have associated with him.

September 6 - 12, 2012

VILLAGER ARTS &ENTERTAINMENT The ‘Hard Times’ of black and white America Kirwan explores the ‘coupled together unwanteds’ THEATER HARD TIMES

Written by Larry Kirwan Music by Stephen Foster and Larry Kirwan Directed by Kira Simring At the cell (338 W. 23rd St. btw. Eighth & Ninth Aves.) Sept. 13-30 For tickets ($18) or more info, call 1-800838-3006 or visit thecelltheatre.org

BY JERRY TALLMER Two unforgettable culture shocks experienced by an otherwise reasonably sophisticated American male whose mother always wanted him to write under the good WASP name Roger Maxwell: Shock A: The railroad station in Washington, D.C., democracy’s capital, circa 1935, where New York school kid Roger Maxwell (age 14 or 15) has arrived — hot, tired and very thirsty. Spots a couple of drinking fountains at the far end of this vast marble space. Walks up to those spigots, lugging his gear, until he can read the words — two different words — inscribed above each of them. On the right, “WHITE.” On the left, “COLORED.” Democracy! Fifty-two years after Gettysburg. Shock B: London, England, summer of 1964. First time Roger Maxwell, then age 43, has ever been in this most nourishing of great cities. Goes for a stroll in the lower-middle-class neighborhood where he is staying. Sees sign after sign after sign purveying “Room to Let.” And under that, again and again and again: “No blacks or Irish need apply.” The coupled-together unwanteds. The despised and undesired. What could say it any clearer than that? No blacks or Irish need apply. Right there, in London, in 1964, 48 years after the 1916 Easter rebellion and seizure of the Dublin Post Office — 101 years after 1863 and Gettysburg, an even 100 years after the 1864 death (at 37, to poverty, booze and starvation) of that greatest of American songwriter-poets: Stephen Collins Foster. “Beautiful Dreamer” — try that for size. Or “Oh! Susanna.” Or “Swanee River.” Or “My Old Kentucky

Photo by Steven Simring

Thomas Jefferson (Stephane Duret), Nelly Blythe-O'Brien (Almeria Campbell), and Michael Jenkins (Phillip Callen), in Larry Kirwan's “Hard Times.”

Home.” Or “Old Black Joe.” Or “Camptown Races.” Or “Jeanie With the Light Brown Hair.” Or “Hard Times Come Again No More.” Not Charles Dickens’s “Hard Times.” Not Studs Terkel’s “Hard Times.” But white and black America’s hard times, in and around the Civil War era’s slum-ridden, crime-ridden Five Points intersection of Downtown Manhattan, near where a soft-spoken, fair-haired, ruddycomplexioned, bespectacled Irish-born singer, composer, musician, novelist and playwright named Larry Kirwan makes his home just off Canal Street in our own day. You may know Kirwan from his popular Irish rock band, Black 47 — a moniker which has to do, he says, “not with color but with the mood.” You may have known him from Malachy McCourt’s Bells of Hell, 13th Street and Sixth Avenue. You may know him from CBGB’s. You may more recently know Kirwan from “Blood,” a play of his about that 1916 rebellion in Dublin. A terrible beauty was born? “Exactly,” says Kirwan. “Blood” was done last March at the little lower-cased cell theater on West 23rd Street, where Kirwan’s “Hard Times” — an interracial musical — will be playing. It is set in a saloon in Five Points, owned and operated by Nelly Blythe (actress Almeria Campbell), a hearty, healthy no-nonsense Negro

woman whose current lover, Michael Jenkins (Phillip Callen), is an Irish-American ideologue of the backward-facing immigrant-hating Know Nothing white-supremacy political party, and if you see any resemblance to anything anno domini USA 2012, well, so be it. Blacks and Irish not wanted. Blacks not wanted even by the Irish — the new immigrants — who saw the blacks flooding up from the South as taking the Irish jobs away and being freed to do so — freed as human beings, or at least three-fifths human beings — by Abraham Lincoln’s Civil War that white Irishmen are being drafted willy-nilly to fight and die in by the thousands. Of course, you could buy your way out of the draft for $300 — but who had $300? The great Irish Potato Famine had been 1845-47; the big influx of Irish to America had been 1845-51. “When the men went west,” says Kirwan, “their women took up with black men.” That didn’t add to peace. “It was called amalgamation,” Kirwan says wryly. “There’s been a lot of calcification over what happened in those years.” What is now called tap dancing was the product of another amalgamation — Irish stepdancing and black shuffle. Yes, Kirwan has been to Gettysburg — as has our friend Maxwell (twice). “You kind of

get the enormity of it, and of the Draft Riots,” says Kirwan. On July 13, 1863, one week after the highwater-mark of the Bloody Angle at Gettysburg, all hell broke loose in the Irish-fireball Draft Riots that swept New York City and particularly the Five Points dynamite keg. Kirwan’s “Hard Times” takes place on that day, and opens with Owen Duignan (John Charles McLaughlin), a young Irishman, dancing and singing in Nelly Blythe’s saloon to Foster’s “Camptown Races” — a white man in the requisite blackface for that sort of song in that era — and hating having to do so. Even Thomas Jefferson, a young black dancer (Stephane Duret), has to wear blackface! It’s the convention. “Nobody would pay just to see an Irishman on stage.” No, Foster was not black. He just learned from gospel and wrote black and sang black when he wanted to. Nelly Blythe’s saloon becomes a refuge for white and black when the rioters and counterrioters set fire to much of the city, including the Colored Children’s Orphanage Uptown. In all, the deaths were more than a hundred, and the numbers could have been much worse if President Lincoln hadn’t sent troops of the Army of the Potomac up from Gettysburg to restore peace in New York. “When the riots started the mixed-race families had to either move out or break up. Things didn’t come together again until the 1960s,” says Kirwan. But are things coming apart again in this 2012 season of “Hate the President Just Because He’s Black?” Foster could turn that into heartbreaking song, but he is no longer with us. Some of him is, though, at the cell on West 23rd Street. Kirwan was born in Wexford, a seaport on the southeast lower corner of Ireland. His father was in the Merchant Marine. “It was the Irish sailors, by the way, who brought blackface to Ireland.” Kirwan got to New York in the mid-1970s, singing all the way (not in blackface). He has two sons in their 20s and a choreographer/ dance-teacher wife named June Anderson. “Hard Times” is directed by Kira Simring, and Jed Peterson plays Stephen Foster, who sang and wrote: Whenever times are troubled And the truth tears me apart I gain my strength from you And the courage you impart Dear friends and gentle hearts Dear friends and gentle hearts. At the drinking fountain where anyone, white or colored, can apply.

September 6 - 12, 2012

Power to the adapters Anthology shines spotlight on ‘brutally neglected’ screenwriters FILM THE LOVED ONE

1965 Run time: 122 minutes Screenplay by Terry Southern Based on the novel by Evelyn Waugh Directed by Tony Richardson Cinematography by Haskell Wexler Part of Anthology’s “From the Pen of” series (Sept. 6-18) Mon., Sept. 10 at 8:45pm; Sat., Sept. 15 at 2:15pm; Sun., Sept. 16 at 8:30pm At Anthology Film Archives (32 Second Ave. at 2nd St.) For tickets ($10, $8 for students/ seniors/children, $6 for AFA members), visit the box office For more info, call 212-505-5181 or visit anthologyfilmarchives.org

BY SCOTT STIFFLER You know you’ve become thoroughly immersed in the bizarre when Jonathan Winters — whether appearing as Reverend Wilbur Glenworthy or his film exec brother — is the most subtle and grounded presence on the screen. Brimming with cold war paranoia, cults of both personality and nationality, religious fervor and space race fever, 1965’s black comedy “The Loved One” is as dark and dreadful a piece of social satire as anything

Photo courtesy of Photofest

Cradled in the grave: denizens of “The Loved One” party like there’s no tomorrow.

that would soon be conjured up by the likes of John Waters, Tim Burton and David Lynch. The happenstance winner of an airplane ticket to Los Angeles, English lad Dennis Barlow (played mostly straight by a weary, sunken-eyed Robert Morse) reconnects with his studio employee uncle (Sir John Gielgud) — whose unexpected suicide

embarrasses an insular group of expat Brits determined to give the old chap a dignified sendoff. So Barlow is assigned the task of arranging burial at Whispering Glades — Reverend Glenworthy’s statue and waterfall-filled afterlife wonderland. There, aspiring poet Barlow falls hard for naive cosmetician Aimée Thanatogenos (Anjanette Comer) — who aspires to become the “First Lady Embalmer of Whispering Glades” (when she’s not dreamily manning a swing which overhangs her condemned clifftop home). That’s just for starters. The eccentric cast (whose major and minor players include Milton Berle, James Coburn, Tab Hunter, Liberace, Roddy McDowall and Rod Steiger) is soon embroiled in a scheme to disintern the loved ones and shoot them into space, so the cemetery (which is filling up) can be reimagined as a brave new retirement community. “We’re a nation on the move,” declares the Reverend. “Death...death has become a middle class business. There’s no future in it. Soon, there shall rise from these grounds a self-contained city of glass and alloy for our senior citizens.”

Written by Terry Southern, the film’s entire run time is peppered with dialogue that rivals the black and white cinematography in its precision and depth. In the same way Miss Thanatogenos dotes on embalmed corpses, expert manipulation of language is the reason Anthology Film Archives will be screening director Tony Richardson’s film of Southern’s screenplay of Evelyn Waugh’s novel. “The Loved One” is featured in “From the Pen of” — which, according to the easily obsessed folks at Anthology, “is devoted to highlighting screenwriters. This installment of our ongoing series is highlighting the screenwriting work of writers best known as novelists. All these films are different, but unified by the fact that the screenwriter of the film was best known as a novelist.” Other series highlights include work by Donald Westlake, Elmore Leonard, Don Carpenter, Truman Capote, Richard Matheson and Joan Didion. Sure, you could Google all of the above and be sufficiently impressed...but if you’re going to spend that much time staring at a screen, why not do it in a darkened room amidst the company of other cine-lit types?

September 6 - 12, 2012

Reinvention rules the art scene Exhibitions put a new spin on the wheel (or films, paintings, cans) BY STEPHANIE BUHMANN

AL TAYLOR: PASS THE PEAS AND CAN STUDYS This will be the gallery’s third solo presentation of the important American artist (1948-1999), who is not easily assimilated into any exclusive movement or school. It will focus on the two individual series: “Pass the Peas” (1991-92) and “Can Studys” [sic] from 1993, as well as on a related group of works entitled “Cans and Hoops” (1993). Though Taylor began his career as a painter, he embraced a unique approach to process and materials by the mid1980s. Involving both two-dimensional drawings and three-dimensional assemblages, his work favored unconventional materials such as wooden broomsticks, wire and carpentry remnants. Making no distinction between his three-dimensional works and his drawings, Taylor referred to his constructions as “drawing in space.” In addition to physics, mathematics about depth, volume and measurement, Taylor drew inspiration from historical precedents such as the sculptures of Matisse and the time-lapse photography of Etienne-Jules Marey. Sept. 7-Oct. 27. Reception: Sept. 7, 6-8pm. At David Zwirner, 519 W. 19th St. (btw. Tenth & Eleventh Aves.). Hours: Tues.-Sat., 10am-6pm, Mon. by appointment. Call 212-517-8677 or visit davidzwirner.com.

inch white cotton paper boxes, openended wooden cubes painted black, found objects, wood and fabrics, for example. In contrast to these earlier constructions and large-scale tableaux made of geometrically organized castoff items, Drew’s new work embraces a sense of lightness and simplicity. There is an emphasis on drawing, and the installation here will be composed of many individual material elements. These will be connected through an intricate web of drawings that will be applied directly to the walls. This will be Drew’s most ambitious project to date and it will be accompanied by a comprehensive monograph. Sept. 6-Oct. 12. At Sikkema Jenkins & Co. (530 W. 22nd St., btw. Tenth & Eleventh Aves.). Hours: Tues.-Sat., 10am-6pm. Call 212-929-2262 or visit sikkemajenkinsco.com.

Image courtesy the artist & Tanya Bonakdar Gallery, New York

Analia Saban: “Still Life” (2012, Graphite on laser sculpted paper, 14 3/4 x 8 3/8 x 1 3/4 in., 37.5 x 21.4 x 4.4 cm.).

ANALIA SABAN Saban, who originally hails from Buenos Aires, deconstructs paintings in order to explore their making. Along these lines, she pours acrylic into silicone molds of objects in her studio — creating sculptural paintings that play with the idea that paintings are two-dimensional representations of three-dimensional objects. In the past, she has programmed a laser cutter to remove the outlines of individual letters and images from thick white paper, running the paper through a printing press so that its contents appeared to be bleeding. Other projects have included erosion works, in which Saban’s drawings are singed onto canvas — leaving only the architecture of her original lines visible. Sept. 6-Oct. 20. At Tanya Bonakdar Gallery (521 W. 21st St., btw. Tenth & Eleventh Aves.). Hours: Tues.-Sat., 10am-6pm. Call 212-414-4144 or visit tanyabonakdargallery.com.

Leonardo Drew: “Number 137D” (2012, Wood, aluminum, paint and graphite on paper in Plexiglas box, 37.5 x 43 x 25.5 in., 95.3 x 109.2 x 64.8 cm.).

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LEONARDO DREW Inspired by the cyclical nature of existence, Drew’s dynamic sculptural installations often reference the detritus of everyday life. In the past, they have involved 20,000 handmade two-

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The Next Two Shows are: Sat, September 8th - 2pm - Tompkins Square Park, E. 7th St between Ave A & Ave B, Manh. Sun, September 9th - 2pm - Washington Square Park, Manhattan FINAL WEEKEND!!! Closes Sept. 9 22 productions (21 World Premieres) (perfs 7 days a week) Tickets on sale now $12-$15 www.dreamupfestival.org © 2012 The Estate of Al Taylor; courtesy of David Zwirner, New York. Reproduced by permission.

Al Taylor: “Cans & Hoops” (1993).

SUSPENDED CIRQUE AERIAL DANCE in DeFLYance Wed-Sun, Sept 5-16, Thu-Sat 8pm, Sun 3pm All Seats $30/tdf

September 6 - 12, 2012

Just Do Art! BY SCOTT STIFFLER

MYTH, REALITY & RUSSIA — AT SVA The School for Visual Arts (SVA) is about more than the red carpet events that take place at their 23rd St. movie theater. All year long, art shows (free and open to the public) encourage bouts of contemplation, conversation and debate that rival the run time of your average Hollywood flick. Among the current offerings: “Myths & Realities” is a show exhibiting photography and video from 16 notable SVA alumni — inspired by Timothy Leary’s declaration that, “Reality is the only word in the language that should always be used in quotes.” Participating artists include Brendan Austin, Kevin Cooley, Debbie Grossman, Sean Hemmerle, Ina Jang, Mark Kessell, Simen Johan, Noah Kalina, Justine Kurland, Dinh Q. Lê, Jeff Chien-Hsing Liao, Vera Lutter, Domingo Milella, Matthew Pillsbury, Aïda Ruilova and Collier Schorr. New York Times

Image courtesy of the artist.

Kevin Cooley: “Ben's Soho Pizza for Men in Black II” (2001, digital C-Print, 30 x 40 in.).

Magazine Director of Photography Kathy Ryan and VII Magazine Editor Scott Thode share curating duties. The exhibition is augmented by a full-color catalog with an essay by independent critic Michael Wilson. Organized in conjunction with the Golden Bee Global Biennale in Moscow, “Russia Rising: Votes for Freedom” is an exhibition created in response to the big bear’s current political turmoil. Original posters show support for the Russian democracy movement that came to be after the controversial third-

Nat Osborn Band to rock Rockwood

Nat Osborn is a versatile singer/songwriter and pianist in his own right, but the 25-year-old sounds even sharper and more comfortable when fronting his seven-piece ensemble. The Nat Osborn Band boats a funky, full-throttle sound that’s full of blues grooves, great solos and tight song arrangements. Osborn’s powerful presence is balanced by both a rock solid

term election of President Vladimir Putin. “Myths & Realities” is on view through Sept. 29, at the SVA Visual Art Gallery (601 W. 21st St., 15th floor, btw. 11th & 12th Aves.). Hours: Mon.-Sat., 10am-6pm. “Russia” is on view through Sept. 22 (reception, Wed., Sept. 12, 6-8pm), at SVA’s Westside Gallery (141 W. 21st St., ground floor, btw. 6th & 7th Aves.). Hours: Mon.-Fri., 9am-7pm & Sat., 10am-6pm. Both exhibits are free. For info, call 212-592-2000 or visit sva.edu. Facebook: Facebook.com/SchoolofVisualArts. Twitter: Twitter.com/SVA_News.

TADA! YOUTH THEATER Decades before reality TV flooded the market with elimination-minded competitions like “American Idol,” there was a TV show called “Fame” — where a tough as nails dance teacher ominously emoted to her starry-eyed students: “You got big dreams. You want fame. Well, fame costs…and right here is where you start paying. In sweat!” Less than half a block away from the glory of Broadway (albeit the 1100 block), TADA! Youth Theater is a Drama Desk Award-winning organization which knows

Image courtesy of the artist.

Poster art, by designer and SVA faculty member Viktor Koen.

how to nurture young talent without resorting to the tough love tactics of Simon Cowell or 1980s-era Debbie Allen. See for yourself by attending their free Open House. There, you’ll get to preview the fall TADA! curriculum. Self-confidence is guaranteed and fame is an occasional side effect. On Sat., Sept. 15 from 10am-2pm at TADA! Youth Theater. Located at 15 W. 28th St., 2nd fl. (btw. Broadway & Fifth Ave.). Reservations for sample classes can be made by emailing your name, phone number, email address and your child’s name and age to education@tadatheater.com. For more info, call 212-252-1619 or visit tadatheater.com.

rhythm section and a three-piece horn section, which combine to elevate the band beyond typical dance-worthy pop acts. Catch their free show at Rockwood Music Hall (196 Allen St., btw. E. Houston & Stanton Sts.) on Sept. 14, at 11pm. For more info, visit rockwoodmusichall.com and natosborn.com.

—Sam Spokony

Preview their fall offerings, at the Sept. 15 TADA! open house.

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September 6 - 12, 2012

BY KAITLYN MEADE & SCOTT STIFFLER SARAZAD AND THE MONSTER-KING This re-imagining of Scheherazade and 1001 Arabian Nights, written by E. J. C. Calvert and directed by Justin Lauro, returns to Canal Park Playhouse for a limited run. Nine-year-old Sarazad escapes bullying at school by retreating into Storyland. There, she meets the grouchy Monster-King and wins his friendship by telling him fantastic stories. When Sarazad returns to school, her experiences with the Monster-King (and her newfound confidence) help her triumph over adversity. Sept. 8-30, Sat. & Sun. at 1pm & 4pm at Canal Park Playhouse (508 Canal St., btw. Greenwich & West Sts.). For tickets ($18) or more info, call 866-811-4111 or visit canalparkplayhouse.com. NEW YORK CITY FIRE MUSEUM Kids will learn about fire prevention and safety through group tours led by former NYC firefighters. The program — which lasts approximately 75 minutes — includes classroom training and a simulated event in a mock apartment, where a firefighter shows how fires can start in different rooms in the home. Finally, students are guided on a tour of the museum’s first floor. Tours (for groups of 20 or more) are offered Tues.-Fri. at 10:30am, 11:30am & 12:30pm. Tickets are $3 for children and $5 for adults — but for every 10 kids, admission is free for one adult. The museum offers a $700 Junior Firefighter Birthday Party package for children 3-6 years old. The birthday child and 15 guests will be treated to story time, show and tell, a coloring activity, a scavenger hunt and the opportunity to speak to a real firefighter (the museum provides a fire-themed birthday cake, juice boxes and other favors and decorations). The NYC Fire Museum is located at 278 Spring St. (btw. Varick & Hudson Sts.). For info, call 212-691-1303 or visit nycfiremuseum.org. THE SKYSCRAPER MUSEUM The Skyscraper Museum’s “Saturday Family Program” series features workshops designed to introduce children and their families to the principles of archi-

tecture and engineering through hands-on activities. On Sept. 8, “Living and Working in the City” will encourage thought about the many uses of skyscrapers around the world and then ask participants to design their own mixed-use tower. At the “From Fabric to Fashion” workshop on Sept. 22 and the “So Sew Tall” workshop on Oct. 6, kids ages 7 and up will learn about the past and present of NYC’s Garment District and then work together to create their own skyscraper factory from different construction materials. All workshops take place from 10:30-11:45am at The Skyscraper Museum (39 Battery Pl.). Registration required. Call 212-945-6324 or email education@skyscraper.org. Admission: $5 per child, free for members. Museum hours: Wed.-Sun., 12-6pm. Museum admission: $5, $2.50 for students/seniors. For info, call 212-9456324, visit skyscraper.org or email education@skyscraper.org. CHILDREN’S MUSEUM OF THE ARTS Explore painting, collage and sculpture through self-guided art projects at this museum dedicated to inspiring the artist within. Open art stations are ongoing throughout the afternoon, giving children the opportunity to experiment with materials such as paint, clay, fabric, paper and found objects. CMA’s new exhibit, “Art Forms: 75 Years of Arts Education,” displays children’s artwork from the collections of celebrated arts educators Leon Bibel, Henry Schaefer-Simmern and Sona Kludjian. The works, dating from the 1930s and 1960s, are juxtaposed with contemporary creations by NYC public school students. “Art Forms” runs through Sept. 30. Governors Island joins CMA to present the Free Art Island Outpost, where kids ages 1-12 can participate in a variety of activities (everything from craft stations to sound design). Every Sat. & Sun., through Sept. 16, from 11am-3pm (At buildings 11 & 14 in Nolan Park, on Governors Island). CMA is located at 103 Charlton St. (btw. Hudson & Greenwich Sts.). Museum hours are Mon. & Wed., 12-5pm; Thurs.-Fri., 12-6pm; Sat.Sun., 10am-6pm. Admission: $10 general, free for seniors

Photo By Michael Kosch

Izzy Hanson-Johnston, Coco Monroe and Maya Sheehy performing in “The Festival of the Vegetables,” at the Metropolitan Playhouse.

CREATIVE DANCE CLASSES Children’s dance expert Rachael Kosch is offering two free Open House classes of imaginative ballet/modern dance based on the music of classical composer Michael Kosch. Sept. 5 & 10, 3:30-5pm. Children ages 3-5 are welcome at 3:45pm for an introductory

half hour class, and children ages 6-9 are welcome at 4:15pm. Refreshments will be served. For enthusiastic movers, ongoing classes are offered through December. Mon. and Wed., at Westbeth Center for the Arts (463 West St. btw. Bank and Bethune Sts.). To reserve a spot or ask questions, call 212-566-3097 or email rachael.kosch@gmail.com.

Photo by John Munson, courtesy of the Brooke Jackman Foundation

BROOKE JACKMAN FOUNDATION READ-A-THON: A CELEBRATION OF LITERACY AND HOPE The World Financial Center Winter Garden will be transformed into a haven for young audiences as families and children gather to listen to readings of children’s books by Rosie Perez, cast members of “Spider-Man Turn Off the Dark,” Reading Rainbow creator Dr. Twila Liggett, Care Bears

and infants (up to one year old). Pay as you wish on Thurs., 4-6pm. For group tours, call 212-274-0986, ext. 31. Call 212274-0986 or visit cmany.org for more info. THE NEW YORK CITY POLICE MUSEUM During regular museum hours (Mon.-Sat., 10am-5pm and Sun., 12-5pm), visit the Junior Officers Discovery Zone, designed for ages 3-10. It is divided into four areas (Police Academy, Park and Precinct, Emergency Services Unit and a Multi-Purpose Area). Each has interactive play experiences that teach children the role of police officers in our community. For older children, there’s a crime scene observation activity, a physical challenge similar to those used at the Police Academy. There’s also a model Emergency Services Unit vehicle where children can climb in, use the steering wheel and lights, hear radio calls with police codes and see some of the actual equipment carried by the Emergency Services Unit. At 100 Old Slip (btw. Front & South Sts.). For info, call 212-480-3100 or visit nycpm.org. Admission: $8, $5 for students, seniors and children, free for children up to two years old. BOOKS OF WONDER New York City’s oldest and largest independent children’s bookstore hosts Storytime every Fri. at 4pm and Sun. at noon in their Children’s Room. Don’t miss their September Picture Book Bonanza on Sun., Sept. 16, 1-3pm for ages 3-6. Best-selling husband-and-wife team Jacky Davis & David Soman will read their new book “Ladybug Girl and Bingo,” while debut picture book author and illustrator Leeza Hernandez presents her own tale of a runaway puppy in “Dog Gone!” along with Caldecott Honor Artists Diane Goodie and David Ezra Stein in this afternoon of storytelling. At 18 W. 18th St. (btw. Fifth & Sixth Aves.). Store hours are Mon.-Sat., 11am7pm and Sun., 11am-6pm. For more info, call 212-989-3270 or visit booksofwonder.com. THE SCHOLASTIC STORE Held every Saturday at 3pm, Scholastic’s in-store activities are designed to get kids reading, thinking, talking, creating and moving. At 11am every Tues., Wed. and Thurs., the Scholastic Storyteller brings tales to life at Daily Storytime. At 557 Broadway (btw. Prince & Spring Sts.). Store hours are Mon.-Sat., 10am-7pm and Sun., 11am-6pm. For info, call 212-343-6166 or visit scholastic.com/sohostore.

on Fire, John Schaefer, 9/11 uniformed heroes and many others. This third annual Read-A-Thon will also mark the debut reading of ABC, MY Family & Me: An Alphabet Book by kids from the Brooke Jackman Foundation’s literacy program. Free! Sat., Sept. 8, 12-1:30pm, at 220 Vesey St. (btw. North End Ave. & West St.). For more info, call 212-945-0505 or visit worldfinancialcenter.com/brooke-jackmanfoundation.

AMERICAN TAP DANCE FOUNDATION Jump, jive and make some noise at the American Tap Dance Center (154 Christopher St., #2B, btw. Greenwich & Washington Sts.). For those who have never taken a tap class before, adults and youth ages three and up are invited to free introductory tap classes throughout September. Mon., Sept. 10 & 17 at 4pm; Thurs., Sept. 6 & 13 at 4pm; Sat., Sept 15 & Sun., Sept. 16 at 11am. RSVP at 646-230-9564. For more info, visit atdf.org. POETS HOUSE The Poets House Children’s Room gives children and their parents a gateway to enter the world of rhyme through readings, group activities and interactive performances. For children ages 1-3, the Children’s Room offers “Tiny Poets Time” readings on Thursdays at 10am; for those ages 4-10, “Weekly Poetry Readings” take place every Sat. at 11am. Filled with poetry books, old-fashioned typewriters and a card catalogue packed with poetic objects to trigger inspiration, the Children’s Room is open Thurs.-Sat., 11am-5pm. Free admission. At 10 River Terrace. Call 212-431-7920 or visit poetshouse.org. CREATURES OF LIGHT Descend into the depths of the ocean and explore the caves of New Zealand — without ever leaving Manhattan. Just visit the American Museum of Natural History’s exhibit on bioluminescence (organisms that produce light through chemical reactions). Kids will eagerly soak up this interactive twilight world where huge models of everything from fireflies to alienlike fish illuminate the dark. Through Jan. 6, 2013 at the American Museum of Natural History (79th St. & Central Park West). Open daily, 10am–5:45pm. Admission is $25, $14.50 for children, $19 for students/seniors. Tickets can be purchased at the museum or at amnh.org. For more info, call 212-769-5100. WOULD YOU LIKE TO SEE YOUR LISTING IN THE VILLAGER? Please provide the date, time, location, price and a description of the event. Send to scott@chelseanow. com or mail to 515 Canal St., Unit 1C, New York City, NY 10013. Requests must be received at least three weeks before the event. For more info, call 646-452-2497.

September 6 - 12, 2012

PUBL IC NOTICE S NOTICE IS HEREBY GIVEN a License Number (PENDING) for on-premises Liquor has been applied for by the undersigned to sell liquor at retail in a Restaurant under the Alcoholic Beverage Control Law at 79 St Marks Place, New York, NY 10003 for on premises consumption. 79 ST MARKS PLACE, INC. Vil: 09/06 - 09/13/2012 NOTICE IS HEREBY GIVEN that a restaurant wine license, #TBA has been applied for by Three Top Chelsea, LLC d/b/a The Commons Chelsea to sell beer and wine at retail in an on premises establishment. For on premises consumption under the ABC law at 128 7th Avenue New York NY 10011. Vil: 09/06 - 09/13/2012 NOTICE IS HEREBY GIVEN that an on premises license, #TBA has been applied for by Magnums In Paris LLC d/b/a Montmartre to sell beer, wine and liquor at retail in an on premises establishment with one additional bar. For on premises consumption under the ABC law at 158 8th Avenue New York NY 10011. Vil: 09/06 - 09/13/2012 NOTICE IS HEREBY GIVEN that a two year on premises license, #TBA has been applied for by 205 Thomson Street LLC d/b/a Toloache to sell beer, wine and liquor at retail in an on premises establishment with one additional bar. For on premises consumption under the ABC law at 205 Thompson Street New York NY 10012. Vil: 09/06 - 09/13/2012 NOTICE OF FORMATION FOR 231 EAST 111TH STREET LLC Arts of Org filed with Secy of State of NY (“SSNY”) on 6/26/12. Office location: NY county. SSNY designated as agent upon whom process may be served and shall mail a copy of any process to: 45 North Station Plaza, Ste 400, Great Neck, NY 11021. Purpose: any lawful act. Vil: 09/06 - 10/11/2012 NOTICE OF QUALIFICATION OF BLACKSTONE REAL ESTATE PARTNERS VII.TE.8 L.P. Authority filed with Secy. of State of NY (SSNY) on 08/27/12. Office location: NY County. LP formed in Delaware (DE) on 08/21/12. Princ. office of LP: c/o the Blackstone Group L.P., 345 Park Ave., NY, NY 10154. SSNY designated as agent of LP upon whom process against it may be served. SSNY shall mail process to Blackstone Real Estate Associates VII L.P., c/o C T Corporation System, 111 Eighth Ave., NY, NY 10011, regd. agent upon whom and at which process may be served. Name and addr. of each general partner are available from SSNY. DE addr. of LP: c/o The Corporation Trust Co., Corp. Trust Cntr., 1209 Orange St., Wilmington, New Castle Cnty., DE 19801. Arts. of Org. filed with DE Div. of Corps., 401 Federal St., Ste. 4, Dover, DE 19901. Purpose: Manage assets. Vil: 09/06 - 10/11/2012

NOTICE OF FORMATION OF ALENYA LLC Arts. of Org. filed with Secy. of State of NY (SSNY) on 08/24/12. Office location: NY County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to Corporation Service Co., 80 State St., Albany, NY 12207-2543. Purpose: Any lawful activity. Vil: 09/06 - 10/11/2012 1485 HOLDINGS LLC, A DOMESTIC LLC Arts. of Org. filed with the SSNY on 5/30/12. Office location: New York County. SSNY is designated as agent upon whom process against the LLC may be served. SSNY shall mail process to: The LLC, c/o Elizabeth M. Kovac, Esq., 90 Park Ave., Fl. 18, NY, NY 10016. General Purposes. Vil: 09/06 - 10/11/2012 NOTICE OF QUALIFICATION OF SLC CORAM, LLC App. for Auth. filed Secy. of State of NY (SSNY): 7/20/12. Off. loc.: NY County. LLC formed in Delaware (DE): 5/16/12. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to: 217 E. 70th St., #627, NY, NY 10021. DE address of LLC: c/o United States Corporation Agents, Inc., 1521 Concord Pike, #301, Wilmington, DE 19803. Arts. of Org. filed DE Secy. of State, 401 Federal St., Ste. 4, Dover, DE 19901. Purpose: any lawful activity. Vil: 09/06 - 10/11/2012 NOTICE OF FORMATION OF LINDA RICH ASSOCIATES LLC Arts. of Org. filed Secy. of State of NY (SSNY) on 8/14/12. Office location: NY County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to: The LLC, 200 W. 86th St., Apt. 14K, NY, NY 10024. Purpose: any lawful activity. Vil: 09/06 - 10/11/2012 NOTICE OF FORMATION OF WCS PRODUCTIONS, LLC Arts. of Org. filed with Secy. of State of NY (SSNY) on 8/20/12. Office location: NY County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to: 1 Irving Place, #V10B, NY, NY 10003. Purpose: any lawful activity. Vil: 09/06 - 10/11/2012 NOTICE OF FORMATION OF CPC FUNDING SPE 1 LLC Arts. of Org. filed with NY Dept. of State on 2/24/12. Office location: NY County. Sec. of State designated agent of LLC upon whom process against it may be served and shall mail process to the principal business addr.: c/o The Community Preservation Corp., 28 E. 28th St., 9th Fl., NY, NY 10016. Purpose: any lawful activity. Vil: 09/06 - 10/11/2012

NOTICE IS HEREBY GIVEN a License Number 1265452 for on-premises Liquor has been applied for by the undersigned to sell liquor at retail in a Restaurant under the Alcoholic Beverage Control Law at 215 West 40th Street, New York, NY 10018 for on premises consumption. 215 BAR LLC D/B/A TBD Vil: 08/30 - 09/06/2012 NOTICE IS HEREBY GIVEN that a restaurant wine license, #TBA has been applied for by Benjamin & Sons 26 LLC d/b/a Sushein to sell beer and wine at retail in an on premises establishment. For on premises consumption under the ABC law at 325 Broadway, Store #3 New York NY 10007. Vil: 08/30 - 09/06/2012 NOTICE OF FORMATION OF JFK JAMAICA REALTY LLC Arts. of Org. filed with Secy. of State of NY (SSNY) on 8/10/12. Office location: NY County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to: c/o Allied Partners Management LLC, 770 Lexington Ave., NY, NY 10065. Purpose: any lawful activities. Vil: 08/30 - 10/04/2012 NOTICE OF FORMATION OF KWF DESIGN LLC Arts. of Org. filed with Secy. of State of NY (SSNY) on 07/26/12. Office location: NY County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to Corporation Service Co., 80 State St., Albany, NY 12207, regd. agent upon whom and at which process may be served. Purpose: Any lawful activity. Vil: 08/30 - 10/04/2012 NOTICE OF FORMATION OF WEST 57TH HUDSON, LLC Arts. of Org. filed with Secy. of State of NY (SSNY) on 08/21/12. Office location: NY County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to Corporation Service Co., 80 State St., Albany, NY 12207-2543. Purpose: Any lawful activity. Vil: 08/30 - 10/04/2012 NOTICE OF QUALIFICATION OF JEM VENTURES (NEW YORK) LLC Authority filed with Secy of State of NY (SSNY) on 5/11/12. Office location: NY County. LLC formed in DE 2/3/12. SSNY designated agent upon whom process may be served and shall mail copy of process against LLC to principal business address: 519 W 142nd St Apt PH, NY, NY 10031. Cert of LLC filed with Secy of State of DE located: DE Secy of State, Division of Corps, John G. Townsend Bldg, 401 Federal St, Ste 4, Dover, DE 19901. Purpose: any lawful act. Vil: 08/30 - 10/04/2012 ORC 12 LLC Arts. of Org filed NY Secy of State (SSNY) 6/1/12. OFC in NY Co. SSNY design. Agent of LLC whom process may be served. SSNY shall mail process to 5826 Tyndall Av Bronx NY 10471. Purpose: any lawful act.1928233 Vil: 08/30 - 10/04/2012

NOTICE OF FORMATION OF 860 SIGN LLC Arts. of Org. filed with Secy. of State of NY (SSNY) on 08/15/12. Office location: NY County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to c/o Rosenberg & Estis, P.C., Attn: Gary M. Rosenberg Esq., 733 Third Ave., NY, NY 10017. Purpose: Any lawful activity. Vil: 08/30 - 10/04/2012 NOTICE OF QUALIFICATION OF GOODY5 CAPITAL MANAGEMENT, LLC Authority filed with Secy. of State of NY (SSNY) on 08/17/12. Office location: NY County. LLC formed in Delaware (DE) on 08/15/12. Princ. office of LLC: 285 Central Park West, Apt. 3-S, NY, NY 10024. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to Mr. Ian R. Goodman, c/o Zukerman Gore Brandeis & Crossman, LLP, Attn: Jeffrey D. Zukerman, Esq., 11 Times Sq., NY, NY 10036. DE addr. of LLC: c/o Corporation Service Co., 2711 Centerville Rd., Ste. 400, Wilmington, DE 19808. Arts. of Org. filed with Secy. of State of the State of DE, Div. of Corps., P.O. Box 898, Dover, DE 19903. Purpose: Any lawful activity. Vil: 08/30 - 10/04/2012 NOTICE OF FORMATION OF WEST 12 ELEVEN C, LLC Arts. of Org. filed with Secy. of State of NY (SSNY) on 08/17/12. Office location: NY County. Princ. office of LLC: Pryor Cashman LLP, 7 Times Sq., NY, NY 100366569. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to Lawrence Remmel at the princ. office of the LLC. Purpose: Any lawful activity. Vil: 08/30 - 10/04/2012 THE MARROW RESTAURANT, LLC, A DOMESTIC LLC Arts. of Org. filed with the SSNY on 4/26/12. Office location: New York County. SSNY is designated as agent upon whom process against the LLC may be served. SSNY shall mail process to: The LLC, c/o Perilla Restaurants, 9 Jones St., NY, NY 10014. General Purposes. Vil: 08/30 - 10/04/2012 NOTICE OF FORMATION OF CREATIVE X MEDIA LLC Arts. of Org. filed with Secy. of State of NY (SSNY) on 7/27/12. Office location: NY County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to: 38 W. 69th St., Apt. 1B, NY, NY 10023-5261. Purpose: any lawful activity. Vil: 08/30 - 10/04/2012

NOTICE OF FORMATION OF PCMH ECHO PLACE, L.P. Certificate filed with Secy. of State of NY (SSNY) on 8/15/2012. Office location: NY County. SSNY designated as agent of LP upon whom process against it may be served. SSNY shall mail process to: c/o Postgraduate Center for Mental Health, 158 E. 35th St., NY, NY 10016. Name/address of each genl. ptr. available from SSNY. Term: until 12/31/2062. Purpose: any lawful activity. Vil: 08/30 - 09/06/2012 NOTICE OF FORMATION OF PERFECT CIRCLE, LLC Arts. of Org. filed with Secy. of State of NY (SSNY) on 8/14/12. Office location: NY County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to: 48 E. 21st St., NY, NY 10010. Purpose: any lawful activity. Vil: 08/30 - 09/06/2012 NOTICE OF QUALIFICATION OF BITE COMMUNICATIONS LLC Authority filed with NY Dept. of State on 8/3/12. Office location: NY County. Princ. bus. addr.: 345 Spear St., #750, San Francisco, CA 94105. LLC formed in DE on 8/1/12. NY Sec. of State designated agent of LLC upon whom process against it may be served and shall mail process to: c/o CT Corporation System, 111 8th Ave., NY, NY 10011, regd. agent upon whom process may be served. DE addr. of LLC: 1209 Orange St., Wilmington, DE 19801. Cert. of Form. filed with DE Sec. of State, 401 Federal St., Dover, DE 19901. Purpose: all lawful purposes. Vil: 08/30 - 10/04/2012 NOTICE OF QUALIFICATION OF BLACK SUB 2 LLC Authority filed with Secy. of State of NY (SSNY) on 06/21/12. Office location: NY County. LLC formed in Delaware (DE) on 06/19/12. Princ. office of LLC: 11 Madison Ave., NY, NY 10010-3629. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to c/o Corporation Service Co., 80 State St., Albany, NY 12207-2543. DE addr. of LLC: 2711 Centerville Rd., Wilmington, DE 19808. Arts. of Org. filed with Secy. of State, 401 Federal St., Dover, DE 19901. Purpose: Any lawful activity. Vil: 08/23 - 09/27/2012

NOTICE OF QUALIFICATION OF PARTNERS GROUP HERCULES, L.P. INC. Authority filed with Secy. of State of NY (SSNY) on 08/09/12. Office location: NY County. LP formed in Guernsey on 01/12/12. Princ. office of LP: 1114 Ave. of the Americas, 37th Fl., NY, NY 10036. NYS fictitious name: PARTNERS GROUP HERCULES, L.P. SSNY designated as agent of LP upon whom process against it may be served. SSNY shall mail process to Partners Group (USA) Inc., 150 Spear St., 18th Fl., San Francisco, CA 94105. Name and addr. of each general partner are available from SSNY. Guernsey addr. of LP: Tudor House, Le Bordage, St. Peter Port, Guernsey GY1 1BT. Arts. of Org. filed with Her Majesty’s Deputy Greffier, Mrs. Helen Proudlove-Gains, Market Bldg., PO Box 451, Fountain St., St. Peter Port, Guernsey GY1 3GX. Purpose: Any lawful activity. Vil: 08/23 - 09/27/2012 NOTICE OF QUALIFICATION OF SILVER SUITES 7 WTC LLC Authority filed with Secy. of State of NY (SSNY) on 08/03/12. Office location: NY County. LLC formed in Delaware (DE) on 03/09/12. Princ. office of LLC: 7 World Trade Center, 250 Greenwich St., 38th Fl., NY, NY 10007. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to c/o Corporation Service Co. (CSC), 80 State St., Albany, NY 122072543. DE addr. of LLC: c/o CSC, 2711 Centerville Rd., Ste. 400, Wilmington, New Castle Cnty., DE 19808. Arts. of Org. filed with State of DE, Secy. of State, Div. of Corps., PO Box 898, Dover, DE 19903. Purpose: Any lawful activity. Vil: 08/23 - 09/27/2012 NOTICE OF FORMATION OF BIG PROPERTIES HANA, LLC Arts. of Org. filed with Secy. of State of NY (SSNY) on 08/09/12. Office location: NY County. Princ. office of LLC: 11 E. 44th St., Ste. 500, NY, NY 10017. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to Corporation Service Co., 80 State St., Albany, NY 12207-2543. Purpose: Any lawful activity. Vil: 08/23 - 09/27/2012 NOTICE OF FORMATION OF LIMITED LIABILITY COMPANY. NAME: NY FURS, L.L.C. Articles of Organization were filed with the Secretary of State of New York (SSNY) on 12/06/11. Office location: New York County. SSNY has been designated as agent of the LLC upon whom process against it may be served. SSNY shall mail a copy of process to the LLC, 216 West 30th Street, New York, New York 10001. Purpose: For any lawful purpose. Vil: 08/23 - 09/27/2012

NOTICE OF QUALIFICATION OF SIMPLY WEB 2 LLC App for Authority filed with Secy of State of NY (SSNY) on 5/23/12. Office location: NY County. LLC formed in SC on 4/30/12. SSNY designated agent upon whom process may be served. PO address to which SSNY shall mail copy of process against LLC: 114 Peachtree Ct, Orangeburg, SC 29118. Principal business address: 40 Worth St, NY 10013. Cert of LLC filed with Secy of State of SC located: 1205 Pendleton St #525 , Colombia, SC 29201. Purpose: any lawful act. 1909092 Vil: 08/23 - 09/27/2012 NOTICE OF FORMATION OF NEW SUFFOLK LAND CO. II LLC Arts. of Org. filed with Secy. of State of NY (SSNY) on 10/19/05. Office location: NY County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to: c/o CT Corporation System, 111 8th Ave., NY, NY 10011. Purpose: any lawful activity. Vil: 08/23 - 09/27/2012 NOTICE OF FORMATION OF BRP VENDORS MASTER TENANT, LLC Arts. of Org. filed with Secy. of State of NY (SSNY) on 8/1/12. Office location: NY County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to: c/o BRP Development Corp., 18 E. 41st St., Ste. 1201, NY, NY 10017. Purpose: any lawful activity. Vil: 08/23 - 09/27/2012 NOTICE OF FORMATION OF NUCLEAR BLAST ENTERTAINMENT LLC Arts. of Org. filed with NY Dept. of State on 7/11/12. Office location: NY County. Sec. of State designated agent of LLC upon whom process against it may be served and shall mail process to: c/o Serling Rooks Ferrara McKoy & Worob LLP, Attn: Joseph Lloyd Serling, Esq., 119 Fifth Ave., 3rd Fl., NY, NY 10003. Purpose: any lawful activity. Vil: 08/23 - 09/27/2012 NOTICE OF QUAL. OF POWER STEWART LENDER LLC Auth. filed Sec’y of State (SSNY) 3/28/12. Office loc.: NY County. LLC org. in DE 9/27/11. SSNY desig. as agent of LLC upon whom process against it may be served. SSNY shall mail copy of proc. to c/o Hudson Realty Capital, 250 Park Ave. South, 3rd Fl., NY, NY 10003. DE off. addr.: CTC, 1209 Orange St., Wilmington, DE 19801. Cert. of Form. on file: SSDE, Townsend Bldg., Dover, DE 19901. Purp.: any lawful activities. Vil: 08/16 - 09/20/2012

NOTICE OF QUALIFICATION OF VERITAS, LLC. Fictitious name: Veritas JV, LLC. Authority filed with Secy. of State of NY (SSNY) on 7/25/2012. Office location: NY County. LLC formed in Delaware (DE) on 7/20/2012. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to: c/o National Registered Agents, Inc., 875 Ave. of the Americas, Ste. 501, NY, NY 10001. Principal office Address: 555 West 18th St., 8th Fl., NY, NY 10011. Address to be maintained in DE: c/o National Registered Agents, Inc., 160 Greentree Dr., Ste. 101, Dover, DE 19904. Arts of Org. filed with the DE Secretary of State, 401 Federal St., Ste. 4, Dover, DE 19901. Purpose: any lawful activities. Vil: 08/16 - 09/20/2012 NOTICE OF FORMATION OF LITTLE CIRCUS, LLC Arts of Org filed with Secy of State of NY (SSNY) on 7/11/12. Office location: NY County. SSNY designated as agent upon whom process may be served and shall mail copy of process against LLC to principal business address: c/o the LLC 300 E 77th St, ste 4B NY, NY 10075. Purpose: any lawful act. 1927184 Vil: 08/16 - 09/20/2012 NOTICE OF FORMATION OF LIMITED LIABILITY COMPANY. NAME: JORDAN BACKHUS STUDIO LLC. Articles of Organization were filed with the Secretary of State of New York (SSNY) on 08/02/12. Office location: New York County. SSNY has been designated as agent of the LLC upon whom process against it may be served. SSNY shall mail a copy of process to the LLC, 45 Grove Street, #2B, New York, New York 10014. Purpose: For any lawful purpose. Vil: 08/16 - 09/20/2012 NOTICE OF FORMATION OF CLAYTON BOOKS, LLC Articles of Organization filed with Secretary of State of New York (SSNY) on 8/2/12. Office location: NY County. SSNY has been designated as an agent upon whom process against the LLC may be served. The address to which SSNY shall mail a copy of any process against the LLC is to: Clayton Patterson , 161 Essex St, New York, NY 10002. Purpose: To engage in any lawful act or activity, including but not limited to publishing and distribution of publications. Vil: 08/16 - 09/20/2012 NOTICE OF FORMATION OF IRON MULE, LLC Articles of Organization filed with Secretary of State of New York (SSNY) on 07/17/2012. Office location: NY County. SSNY has been designated as an agent upon whom process against the LLC may be served. The address to which SSNY shall mail a copy of any process against the LLC is to: Iron Mule LLC, 226 c/o Jay Stern, 226 West 17th Street, #3D, New York, NY 10011. Purpose: To engage in any lawful act or activity. Vil: 08/16 - 09/20/2012

September 6 - 12, 2012

PUBL IC NOTICE S DRFT HOLDINGS LLC, A DOMESTIC LLC Arts. of Org. filed with the SSNY on 7/12/12. Office location: New York County. SSNY is designated as agent upon whom process against the LLC may be served. SSNY shall mail process to: Michael L. Landsman, Esq., 3 W. 35th St., 9th Flr., NY, NY 10001. General Purposes. Vil: 08/16 - 09/20/2012 NOTICE OF FORMATION OF WB RESIDENTIAL REALTY MANAGER LLC Arts. of Org. filed with Secy. of State of NY (SSNY) on 7/11/12. Office location: NY County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to: c/o Webb & Brooker, Inc., 2534 Adam Clayton Powell Jr., NY, NY 10039. Purpose: any lawful purpose. Vil: 08/16 - 09/20/2012 NOTICE OF QUALIFICATION OF SHDP HZ LLC App. for Auth. filed Secy. of State of NY (SSNY) on 7/27/12. Off. loc.: NY County. LLC formed in Delaware (DE) on 7/6/12. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to: 700 17th St., Ste. 2250, Denver, CO 80202. DE address of LLC: 1209 Orange St., Wilmington, DE 19801. Arts. of Org. filed with DE Secy. of State, 401 Federal St., Dover, DE 19901. Purpose: any lawful act or activity. Vil: 08/16 - 09/20/2012 NOTICE OF FORMATION OF SOULCYCLE WEST 19TH STREET, LLC Arts. of Org. filed with Secy. of State of NY (SSNY) on 7/17/12. Office location: NY County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to: c/o SoulCycle, LLC, 103 Warren St., NY, NY 10007. Purpose: any lawful activity. Vil: 08/16 - 09/20/2012 NOTICE OF FORMATION OF NATIONAL RECRUITING NETWORK LLC Arts of Org filed with Secy of State of NY (SSNY) on 7/9/12. Office location: NY County. SSNY designated agent upon whom process may be served and shall mail copy of process against LLC to principal business address: 307E 44th St, Ste 814, NY, NY 10017. Purpose: any lawful act. Vil: 08/16 - 09/20/2012 NOTICE OF FORMATION OF THE ILLUSTRATED COURTROOM LLC Arts. of Org. filed with NY Dept. of State on 7/5/12. Office location: NY County. Sec. of State designated as agent of LLC upon whom process against it may be served and shall mail process to the principal business addr.: 26 Beaver St., #9, NY, NY 10004. Purpose: any lawful activity. Vil: 08/16 - 09/20/2012

NOTICE OF FORMATION OF 106 WASHINGTON PLACE LLC Arts. of Org. filed with Secy. of State of NY (SSNY) on 07/25/12. Office location: NY County. Princ. office of LLC: 122 Washington Pl., NY, NY 10014. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to Ellenoff Grossman & Schole, LLP Attn: Lawrence Rosenbloom, Esq., 150 E. 42nd St., 11th Fl., NY, NY 10017. Purpose: Any lawful activity. Vil: 08/09 - 09/13/2012 NOTICE OF FORMATION OF LIMITED LIABILITY COMPANY. NAME: REVERE GLOBAL ADVISORS LLC Articles of Organization were filed with the Secretary of State of New York (SSNY) on 07/02/12. Office location: New York County. SSNY has been designated as agent of the LLC upon whom process against it may be served. SSNY shall mail a copy of process to the LLC, c/o Windels Marx Lane & Mittendorf, LLP, 156 West 56th Street, New York, New York 10019, ATTN: Charles A. Damato, Esq. Purpose: For any lawful purpose Vil: 08/09 - 09/13/2012 NOTICE OF FORMATION OF OTHERWORLD PICTURES LLC Arts. of Org. filed with Secy. of State of NY (SSNY) on 7/20/12. Office location: NY County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to: 622 E. 11th St., Apt. 9, NY, NY 10009. Purpose: any lawful activity. Vil: 08/09 - 09/13/2012 NOTICE OF QUALIFICATION OF SYCAMORE CAPITAL PARTNERS LP Authority filed with Secy. of State of NY (SSNY) on 07/25/12. Office location: NY County. LP formed in Delaware (DE) on 07/18/12. Princ. office of LP: 410 Park Ave., Ste. 1500, NY, NY 10022. SSNY designated as agent of LP upon whom process against it may be served. SSNY shall mail process to the Partnership, Attn: Stephen Schofield at the princ. office of the LP. Name and addr. of each general partner are available from SSNY. DE addr. of LP: Corporation Service Co., 2711 Centerville Rd., Ste. 400, Wilmington, DE 19808. Arts. of Org. filed with Secy. of State of DE, Div. of Corps., John G. Townsend Bldg., 401 Federal St., Dover, DE 19901. Purpose: Any lawful activity. Vil: 08/09 - 09/13/2012 NOTICE OF FORMATION OF JUDITH CLURMAN LLC Articles of Organization filed with Secretary of State of New York (SSNY) on5/2/12. Office location: NY County. SSNY has been designated as an agent upon whom process against the LLC may be served. The address to which SSNY shall mail a copy of any process against the LLC is to: Judith Clurman LLC, 75 East End Avenue, #9L, New York, NY 10028. Purpose: To engage in any lawful act or activity. Vil: 08/09 - 09/13/2012

NOTICE OF QUALIFICATION OF JW DEVELOPMENT HOLDINGS, LLC Authority filed with Secy. of State of NY (SSNY) on 07/16/12. Office location: NY County. LLC formed in Delaware (DE) on 10/24/11. Princ. office of LLC: 111 W. 40th St., NY, NY 10018. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to c/o Corporation Service Co. (CSC), 80 State St., Albany, NY 12207-2543. DE addr. of LLC: CSC, 2711 Centerville Rd., Ste. 400, Wilmington, DE 19801. Arts. of Org. filed with Secy. of State of the State of DE, Loockerman & Federal Sts., Dover, DE 19901. Purpose: Any lawful activity. Vil: 08/09 - 09/13/2012 NOTICE OF FORMATION OF 254 ALMOND LLC Arts. of Org. filed with NY Dept. of State on 7/23/12. Office location: NY County. Princ. bus. addr.: 254 5th Ave., NY, NY 10001. Sec. of State designated agent of LLC upon whom process against it may be served and shall mail process to: c/o Windels Marx Lane & Mittendorf, LLP, 156 W. 56th St., NY, NY 10019, Attn: Bruce F. Bronster, Esq. Purpose: all lawful purposes. Vil: 08/09 - 09/13/2012 NOTICE OF QUALIFICATION OF 371 BROADWAY HOLDINGS LLC Authority filed with NY Dept. of State on 6/29/12. Office location: NY County. Princ. bus. addr.: 575 Madison Ave., 22nd Fl., NY, NY 10022. LLC formed in DE on 6/26/12. NY Sec. of State designated agent of LLC upon whom process against it may be served and shall mail process to: c/o CT Corporation System, 111 8th Ave., NY, NY 10011, regd. agent upon whom process may be served. DE addr. of LLC: 1209 Orange St., Wilmington, DE 19801. Cert. of Form. filed with DE Sec. of State, 401 Federal St., Dover, DE 19901. Purpose: all lawful purposes. Vil: 08/09 - 09/13/2012 NOTICE OF QUALIFICATION OF PHILLIPS EDISON & COMPANY LTD. Authority filed with NY Dept. of State on 7/23/12. Office location: NY County. LLC formed in OH on 9/15/99. NY Sec. of State designated agent of LLC upon whom process against it may be served and shall mail process to: c/o CT Corporation System, 111 8th Ave., NY, NY 10011, regd. agent upon whom process may be served. OH and principal business addr.: 11501 Northlake Dr., Cincinnati, OH 45249. Cert. of Org. filed with OH Sec. of State, 180 E. Broad St., Columbus, OH 43215. Purpose: all lawful purposes. Vil: 08/09 - 09/13/2012

NOTICE OF QUALIFICATION OF AG DIVERSIFIED INCOME FUND, L.P. Authority filed with NY Dept. of State on 4/19/12. Office location: NY County. LP formed in DE on 3/1/12. NY Sec. of State designated agent of LP upon whom process against it may be served and shall mail process to the principal business addr.: c/o Angelo, Gordon & Co., L.P., 245 Park Ave., 26th Fl., NY, NY 10167. DE addr. of LP: c/o The Corporation Trust Co., 1209 Orange St., Wilmington, DE 19801. Name/addr. of genl. ptr. available from NY Sec. of State. Cert. of LP filed with DE Sec. of State, Townsend Bldg., Dover, DE 19901. Purpose: all lawful purposes. Vil: 08/09 - 09/13/2012 NOTICE OF QUALIFICATION OF AG DIVERSIFIED INCOME MASTER FUND, L.P. Authority filed with NY Dept. of State on 4/24/12. Office location: NY County. LP formed in Cayman Islands (CI) on 3/6/12. NY Sec. of State designated agent of LP upon whom process against it may be served and shall mail process to the principal business addr.: c/o Angelo, Gordon & Co., L.P., 245 Park Ave., 26th Fl., NY, NY 10167. CI addr. of LP: c/o Ogier Fiduciary Services (Cayman) Ltd., 89 Nexus Way, Camana Bay, Grand Cayman KY1-9007, CI. Name/ addr. of genl. ptr. available from NY Sec. of State. Cert. of LP filed with Registrar of Companies, Ground Fl., Citrus Grove Bldg., Goring Ave., George Town, Grand Cayman. Purpose: all lawful purposes. Vil: 08/09 - 09/13/2012 NOTICE OF FORMATION OF CABRERA CAMMAROTA PLLC Art. of Org. filed Sec’y of State (SSNY) 4/6/12. Office location: NY County. SSNY designated as agent of PLLC upon whom process against it may be served. SSNY shall mail copy of process to 1133 Broadway, Ste. 708, NY, NY 10010. Purpose: any lawful activities. Vil: 08/02 - 09/06/2012 NOTICE OF FORMATION OF GERGEDAN, LLC Art. of Org. filed Sec’y of State (SSNY) 6/27/12. Office location: NY County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail copy of process to 2 River Terrace, 15J, NY, NY 10282. Purpose: any lawful activities. Vil: 08/02 - 09/06/2012 NOTICE OF FORMATION OF F4 VOLATILITY ACCELERATION TRADING, LLC Art. of Org. filed Sec’y of State (SSNY) 2/29/12. Office location: NY County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail copy of process to 410 Park Ave., 15th Fl., NY, NY 10022. Purpose: any lawful activities. Vil: 08/02 - 09/06/2012

MAINSAIL LLC, A DOMESTIC LLC Arts. of Org. filed with the SSNY on 6/29/12. Office location: New York County. SSNY is designated as agent upon whom process against the LLC may be served. SSNY shall mail process to: Richard K. Eng, Esq., 100 Lafayette St., Ste. 403, NY, NY 10013. General Purposes. Vil: 08/02 - 09/06/2012 NOTICE OF FORMATION OF RUSTY GUTS TOURS LLC Arts of Org filed with the Secy of State of NY (SSNY) on 5/9/12. Office Location: NY County. SSNY designated as agent upon whom process may be served and shall mail copy of process against LLC to principal business address: 40 MacDougal ST. APT#9 NY NY 10012. Purpose: any lawful act. Vil: 08/02 - 09/06/2012 NOTICE OF FORMATION OF OOS INVESTMENTS LLC Articles of Organization filed with Secretary of State of New York (SSNY) on 04/03/12. Office location: NY County. SSNY has been designated as an agent upon whom process against the LLC may be served. The address to which SSNY shall mail a copy of any process against the LLC is to: 744-F Spirit of St. Louis Blvd., Chesterfield, Missouri 63005. Purpose: To engage in any lawful act or activity. Vil: 08/02 - 09/06/2012 NOTICE OF FORMATION OF PRESTIGE WORLDWIDE EQUITIES LIMITED LIABILITY COMPANY Art. of Org. filed with Secy. of State of NY (SSNY) on 6/18/12. Principal Office location: 1185 Avenue of the Americas, 17th Floor, New York, NY, New York County. SSNY has been designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to the LLC at the addr. of its princ. office.. Purpose: Any lawful activity. Vil: 08/02 - 09/06/2012 NOTICE OF FORMATION OF DOOVOU, LLC Artcl. of Org.filed with Secy. of State of NY (SSNY) on 07/17/12. Office location: NY County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail acopy of any process against the LLC to: Doovou LLC, 305 Easy West Broadway, NewYork, NY10013. Purpose: anylawful act or activity. Vil: 08/02 - 09/06/2012

NOTICE OF QUALIFICATION OF YORK GLOBAL CREDIT INCOME FUND, L.P. Authority filed with Secy. of State of NY (SSNY) on 07/11/12. Office location: NY County. LP formed in Delaware (DE) on 04/20/12. Princ. office of LP: 767 Fifth Ave.,17th Fl., NY, NY 10153. SSNY designated as agent of LP upon whom process against it may be served. SSNY shall mail process to c/o York Capital Management, Attn: General Counsel at the princ. office of the LP. Name and addr. of each general partner are available from SSNY. DE addr. of LP: c/o Corporation Service Co., 2711 Centerville Rd., Ste. 400, Wilmington, DE 19808. Arts. of Org. filed with The DE Secy. of State, 401 Federal St., Ste. 4, Dover, DE 19901. Purpose: Any lawful activity. Vil: 08/02 - 09/06/2012 NOTICE OF FORMATION OF CRESA NEW YORK LLC Application for Authority filed with Secretary of State of New York (SSNY) on 07/05/2012. Office location: NY County. SSNY has been designated as an agent upon whom process against the LLC may be served. The address to which SSNY shall mail a copy of any process against the LLC is to: c/o Mark Jaccom, 100 Park Ave., New York, NY 10017 Purpose: To engage in any lawful act or activity. Vil: 08/02 - 09/06/2012

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NOTICE OF FORMATION OF CA 9-19TH AVENUE LLC Arts. of Org. filed with Secy. of State of NY (SSNY) on 7/16/12. Office location: NY County. SSNY designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to: c/o The LLC, 1407 Broadway, 41st Fl., NY, NY 10018. Purpose: any lawful activity. Vil: 08/02 - 09/06/2012 NAME OF LLC: 25-35 TENNIS COURT LLC Arts. of Org. filed with NY Dept. of State: 7/9/12. Office loc.: NY Co. Sec. of State designated agent of LLC upon whom process against it may be served and shall mail process c/o Talpion Fund Management LP, 65 E. 55th St., 34th Fl., NY, NY 10022. Purpose: any lawful act. Vil: 08/02 - 09/06/2012

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NOTICE IS HEREBY GIVEN PURSUANT TO LAW, that the NYC Department of Consumer Affairs will hold a Public Hearing on 9/12/2012 at 2:00 p.m. at 66 John Street, 11th Floor, on a petition from 33 West 54th Street LLC to establish, maintain, and operate an unenclosed sidewalk café at 33 West 54 Street in the Borough of Manhattan for a term of two years. REQUESTS FOR COPIES OF THE PROPOSED REVOCABLE CONSENT AGREEMENT MAY BE ADDRESSED TO: DEPARTMENT OF CONSUMER AFFAIRS, ATTN: FOIL OFFICER, 42 BROADWAY, NEW YORK, NY 10004. Vil: 08/30 - 09/06/2012

September 6 - 12, 2012

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September 6 - 12, 2012

Communication breakdown: Bikers and critics just can’t see eye to eye SPIN CITY BY KEEGAN STEPHAN Bicycling has become one of the most volatile subjects in New York City. Almost no other topic inspires such passionate responses from both sides; few people have no opinion on the issue, and there are virtually no “middle-of-the-road” points of view. Some of our most esteemed writers have spent countless column inches trying to convince people one way or the other. About a month ago, Randy Cohen, the original “Ethicist” for The New York Times Magazine, came out of retirement to write a column about why he believes the way he and thousands of other New Yorkers commute on their bicycles is ethical, if illegal. Two weeks later, in his review of the new movie “Premium Rush,” Will Leitch, founding editor of Deadspin, posited that almost all cyclists, even if they are perfectly pleasant and normal in the rest of their lives, become rude and dismissive of everyone else the moment they mount their bikes. These are two succinct summaries of the diametrically opposed opinions on cycling in New York City. Bicycle advocates argue that bike infrastructure makes streets safer for all road-users and reduces carbon emissions. They point out the enormous ratio of pedestrians killed by cars versus bikes and that bike lanes have decreased all types of traffic accidents on every street where they’ve been installed. Critics of cyclists and bike lanes point out that bikers routinely break traffic laws in ways that surprise them, and they express fears of being hit. But despite how often and articulately these arguments have been repeated, I've never heard a single person on either side of the issue change his or her opinion. This is a strange phenomenon for a city that contains a diversity of intelligent perspectives on almost every other subject. All of this begs the question: Why? Why is there such a breakdown of communication on this topic, and is it worth the amount of discussion it receives? Personally, I think cycling deserves all the attention it has gotten, but the caliber of the conversation needs to elevate, and it must do so quickly or we are going to miss an opportunity to unite New Yorkers around an important cause and bring about sustainable change. Cycling advocates need to realize that the critics’ fears are never going to be assuaged with statistics. Fear is rarely grounded in facts. People typically fear the things least likely to harm them. Yet fear is real. Fear plays an incalculable role in both our personal and political lives, and cyclists have not discovered a good way to address this. To my knowledge, no pedestrian has ever been told that he or she is several hundred times more likely to be killed by a car than a bike, and then suddenly stopped fearing

every near-miss with a bicycle. On the other hand, most cyclists honestly believe they are doing something good by riding their bikes — for themselves, for their community and for the environment. Statistics support their beliefs — so when they are vilified disproportionately to the dangers they pose, they do often grow rude and dismissive, as Leitch suggests. To my knowledge, there is also no cyclist who has been told he or she is the deadliest thing on the street, and then vowed to never again hop a curb when a car nearly makes a right-hand turn over top of them.

I’ve never heard a single person on either side of the issue change his or her opinion.

As long as critics routinely have their fears dismissed as irrational, they will grow more oppositional to increased numbers of cyclists and bike lanes; and as long as cyclists are scapegoated for the dangers of our city’s streets, they will ignore the hyperbolic criticisms hurled their way. This is an unfortunate impasse at a crucial moment. The premise of both Cohen and Leitch’s articles is that they want livable streets. Automobiles have dominated our public spaces and our culture for generations, and both Cohen and Leitch's pieces indicate that most New Yorkers are not happy about that. They want infrastructure that creates a safe environment protecting pedestrians from both bicycles and automobiles, and that also protects cyclists from automobiles without infringing on spaces for pedestrians. And for the first time since Robert Moses, the city government is sympathetic to these desires. That is, at least until the 2013 election, when a new administration could make every positive change of this administration go the way of the bike lanes installed by Mayor Koch. Remember those? I didn’t think so... . The two camps need to put aside their divisive rhetoric and form a coalition while this sympathetic administration is in power. If they work together to advocate for infrastructure that fulfills their needs, that infrastructure will be implemented. If that infrastructure is implemented, the benefits will be too obvious to be rolled back, and their coalition will grow too strong to let it happen. If not, a historic opportunity will be lost. Stephan is a member of Time’s Up!, a New York City-based cycling advocacy and environmental organization.

September 6 - 12, 2012