A Forest Hills residents affiliation has sued town and the NYPD over what they allege has been an illegal seizure of the personal roads surrounding Forest Hills Stadium to facilitate dozens of concert events and occasions on the venue over the previous three years.
The Forest Hills Gardens Company (FHGC), which represents owners within the neighborhood, has filed a lawsuit towards town within the U.S. District Court docket for the Jap District of New York, accusing town of unconstitutionally seizing personal streets belonging to the Gardens Corp to accommodate occasions on the venue.
FHGC, which owns the personal streets surrounding the favored venue, beforehand issued licenses for live performance seasons on the stadium however declined to take action in 2023 as a result of the schedule had turn out to be “so large and disruptive,” in line with Katie Rosenfield, a accomplice at regulation agency Emery Celli Brinckerhoff Abady Ward & Maazel LLP, which is representing the residents group.
Hozier performs at Forest Hills Stadium in the course of the 2024 live performance season.Photograph credit score: Bryon Kwon
Rosenfield mentioned town has continued to shut the streets and direct concertgoers onto personal property ever since with out compensating residents for doing so.
Rosenfield pointed to a letter from Inspector William Gallagher of the NYPD’s Authorized Bureau on March 19 this 12 months.
The letter notified West Facet Tennis Membership, which leases and operates the long-lasting venue, and Tiebreaker, which operates occasions on the stadium, that the NYPD wouldn’t be issuing sound amplification permits for the 2025 season as a result of FHGC wouldn’t grant the police entry to the personal roads surrounding the stadium.
The difficulty was finally resolved when the NYPD accepted another safety plan that noticed personal safety groups monitor circumstances on the roads resulting in the venue, which allowed the 2025 season to go forward as deliberate.
Householders ‘shut out’ of decision-making course of
Nonetheless, Matthew Mandell, chair of FHGC’s Regulation Committee, allege that the Gardens Corp was not concerned within the decision-making course of for the alternate safety plan in any capability.
“We are completely and totally shut out of the management of our own property,” Mandell mentioned. “The city and the concert promoter made a deal at the beginning of the season to do the concerts. The Gardens was not part of that deal at all.”
The owners group has argued that the measure represents a violation of the fifth and 14th Amendments, stating that they have been granted no due course of when the personal streets have been allegedly seized to accommodate occasions on the stadium.
Mandell argued that the alternate safety plan has made present high quality of life points worse for residents residing close to the stadium as a result of personal safety groups lack the authority of the police to implement open container legal guidelines and clamp down on drug use.
Residents have acknowledged that the busy live performance Forest Hills Stadium schedule, which noticed 31 exhibits happen on the venue this season, has negatively impacted the standard of life for individuals neighboring the stadium.
Rosenfield, in the meantime, mentioned residents had no situation when roughly 10 exhibits came about on the venue yearly however mentioned FHGC declined to situation licenses for the venue when occasions grew to become extra frequent and totaled virtually 40 exhibits a 12 months.
“The burden on people who live there is just enormous,” Rosenfield mentioned.
Forest Hills StadiumPhoto by Astrida Valigorsky/Getty Pictures
She added that she hopes the lawsuit will assist “recalibrate” the schedule on the stadium in a approach that’s passable for all events.
Rosenfield mentioned residents had no different possibility however to enter litigation towards town.
“They don’t want to be in litigation,” she mentioned. “But this is what the Constitution provides… if you have your property taken away at least be compensated for it.”
Nonetheless, one other neighborhood group has criticized FHGC over the current lawsuit.
Forest Hills Gardens Standup, a bunch shaped in March to demand additional transparency from the FHGC board, mentioned it’s “deeply concerned” by the choice to sue town and the NYPD.
JP Evangelista, a co-founder of Forest Hills Gardens Standup, accused FHGC of spending a whole lot of hundreds of {dollars} on earlier litigation with out enter from native residents.
Evangelista, a Forest Hills Gardens resident who has lived within the neighborhood since 1979, additional accused the FHGC board of constructing “no legitimate attempt to come to the table” with the events concerned within the authorized dispute.
Potential options
Mandell, however, mentioned there are a selection of measures that might instantly enhance the standard of life for residents residing near the stadium.
He mentioned stopping any concert events on college nights would go “a long way” towards satisfying residents, whereas stopping concert events from going down throughout a number of nights in succession would additionally instantly fulfill residents.
Mandell mentioned a run of 15 concert events over a 30-day stretch throughout September and October this 12 months was notably troublesome for native residents.
He additionally referred to as for an finish to all-day occasions such because the current All Issues Go competition, which he described as notably burdensome for native residents.
“That would really be a noticeable improvement,” Mandell mentioned.
Mandell additionally referred to as on West Facet Tennis Membership and Tiebreaker to implement extra noise controls on the venue, stating that the NYC Division of Environmental Safety (DEP) issued 9 violations to the venue over the 2025 season after monitoring 12 completely different concert events. The DEP confirmed that it has issued 9 summonses this 12 months associated to occasions on the venue.
Forest Hills Stadium officers acknowledged in the beginning of the summer time that the venue would use a brand new state-of-the-art sound system for the 2025 season that may improve fan experiences. They acknowledged that the L-Acoustics sound system, designed by Dave “Rat” Levine, may also considerably cut back offsite sound into the neighborhood.
Forest Hills StadiumPhoto courtesy of Forest Hills Stadium
“Forest Hills Stadium’s commitment to both exceptional live music and being a responsible neighbor is demonstrated through the installation of our cutting-edge PA system, “Forest Hill Stadium officials said in a release. “This innovative technology delivers crystal-clear sound quality while controlling and minimizing sound propagation into the surrounding community.”
Nonetheless, Mandell mentioned the brand new sound system has not resolved the difficulty of noise complaints.
“They made a big deal that they had a new sound system that was going to resolve the issue, but they have not resolved it,” Mandell mentioned.
Householders have additionally acknowledged that there’s an entrance to the stadium from a public road and have referred to as on organizers to make the most of that entrance and divert a number of the foot visitors away from the FHGC-owned roads surrounding the venue.
Mandell acknowledged that organizers at present use the personal roads virtually solely for stadium entry as a result of they’re nearer to public transit and due to this fact extra handy for concertgoers.
Evangelista, nonetheless, mentioned there are Gardens residents who assist the concert events and argued that the “vast majority” of residents would like a settlement with out incurring the authorized charges of taking the matter to courtroom.
A ‘lifeline’ for the Forest Hills neighborhood
Elected officers reminiscent of Queens Borough President Donovan Richards have beforehand criticized FHGC over separate litigation that the owners affiliation has introduced towards Forest Hills Stadium.
Talking to QNS shortly after the NYPD initially denied sound amplification permits for the venue in March, Richards mentioned it could be “shortsighted and destructive” to permit a small variety of “frustrated individuals” to shutter one of many metropolis’s most iconic venues.
Richards additionally alleged that the broader Forest Hills neighborhood exterior of FHGC have been largely supportive of the venue.
Richards added that West Facet Tennis Membership and Tiebreaker had gone “above and beyond” to be good neighbors to the encompassing neighborhood.
In a press release issued to QNS on Tuesday, Richards mentioned he would proceed to work with metropolis officers, Forest Hills residents and stadium representatives to discover a “tangible solution” for the venue.
“As he has said repeatedly for years, Borough President Richards knows Forest Hills Stadium to be both a world-class hub of entertainment and a vital generator of economic activity for the surrounding community — things that Queens has long deserved and continues to receive through these summer concert series,” a Richards spokesperson mentioned in a press release.
Queens Borough President Donovan Richards with LL Cool J at Forest Hills Stadium.Photograph courtesy of BP’s workplace
Richards additionally advised QNS in March that the venue is a “huge lifeline” for small companies working within the neighborhood.
Mandell, nonetheless, pushed again and mentioned he wish to see an financial influence evaluation for the realm. He mentioned some companies, reminiscent of native bars, undoubtedly see a lift because of occasions held on the stadium.
However he thinks different companies that aren’t engaging to concertgoers have been harm by the concert events as a result of native residents are much less prone to go to them on busy live performance nights.
“If you own a local store that serves the local economy, people can’t get to you. People can’t drive to your store to pick something up,” Mandell mentioned.
The current lawsuit is the most recent in a string of litigation tied to a long-standing dispute between FHGC and Forest Hills Stadium.
In October final 12 months, Queens County Supreme Court docket Decide Joseph J. Esposito dismissed 5 of seven claims introduced towards West Facet Tennis Membership and Tiebreaker by FHGC, together with claims of trespassing and zoning violations.
He didn’t dismiss claims of public or personal nuisance but additionally didn’t ship a verdict in both case and inspired all events to proceed working with the NYPD to make sure that concertgoers don’t stray from designated routes and enterprise into residential areas.
Officers for Forest Hill Stadium declined to reply to QNS’ request for remark.
