Update: A jury has concluded that 5 Pointz developer Jerry Wolkoff violated the law when he whitewashed that buildings without warning, erasing graffiti from dozens of artists. The jury’s findings will serve as a recommendation to the lawsuit’s presiding judge, who will then render a final verdict, reports the New York Times.
“The jury sided strongly with the rights of the artists. This is a clear message from the people that the whitewashing of the buildings by its owner was a clear and willful act,” said lawyer Eric Baum, who represents the artists that filed the suit.
The judge will ultimately determine the repercussions of Wolkoff’s actions, which could include making him pay the artists for destroying their artwork.
The trial over the whitewashing of graffiti at the 5 Pointz site in Long Island City could be close to a verdict, the New York Daily News reports. The lawyers representing a group of 21 artists, and those repping the developers, Jerry and David Wolkoff, made their final arguments on Monday.
The jury is now deliberating on whether the developers violated the Visual Artists Rights Act, and if the developers should pay the artists for painting over their work. The trial began in earnest in the middle of October this year, though it has been brewing in one form or another since at least 2013.
The Wolkoffs have owned the site for 20 years, and had entered into an informal agreement with the artists to allow them to tag the site. However when Long Island City became ripe for development, the developers decided to demolish the 5 Pointz building and construct two rental towers in its place.
The artists contend that their work was whitewashed overnight and that they didn’t have a chance to rescue it or potentially relocate it to a museum, and the developers counter that they had given the artists enough notice. Regardless, the artists’ work made 5 Pointz a go-to destination, and it’s evident that developer is trying to benefit from this reputation, if the interior renderings are anything to go by.
It’s not yet clear when the verdict will come out, but with jury deliberations now underway, it should be very soon.
- Brooklyn Jury Finds 5Pointz Developer Illegally Destroyed Graffiti [New York Times]
- Jury in 5 Pointz trial to decide if developer should pay up for destroying works at Queens graffiti mecca [NYDN]
- Long Island City's 5 Pointz-replacing rental towers reveal interiors [Curbed]
- Trial over 5Pointz graffiti whitewashing begins [Curbed]
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