Frustrated residents of Forest Hills have escalated their fight against the iconic concert venue in their neighborhood by initiating a lawsuit against the NYPD, claiming an unlawful invasion of their private streets, as reported by The Post.
The Forest Hills Garden Corporation (FHGC) submitted a federal lawsuit against the city late Monday, contending that the police have “unconstitutionally” commandeered the homeowner association’s property on over 30 concert days this summer in order to facilitate revenue for the Forest Hills Stadium’s lucrative shows.
“This isn’t merely a dispute between the Forest Hills Gardens and the stadium,” explained Katherine Rosenfeld, a partner at Emery Celli Brinckerhoff Abady Ward & Maazel LLP, which represents the FHGC.
“This matter revolves around the city appropriating private property without compensation to do as it pleases,” she stated to The Post.
The FHGC, representing nearly 4,000 members, is pursuing damages for the alleged takeovers, which could potentially amount to millions of dollars, though the final sum is still undetermined.
The NYPD reportedly seized control of the streets for crowd management and traffic direction during concert events, despite the FHGC retracting its consent for police involvement as early as May, according to the lawsuit.
While the initial revocation prevented the NYPD from issuing permits to the stadium for hosting many of its scheduled performances, the two eventually reached an agreement that enabled the concerts to proceed without the FHGC’s cooperation, as noted in the legal documents.
“This situation is extremely problematic. If this occurred on public roads, concert operators would be required to obtain permits and pay fees to the city, yet because it’s on private streets, the city neither compensates us nor collects any fees. Something is clearly off here,” Rosenfeld commented.
“This has been devastating for the neighborhood, and this lawsuit is genuinely a last resort. The residents are reluctant to take this step against the city,” she added.
Event organizers usually pay $25,000 daily for street closures equivalent to the scale of what the NYPD managed on FHGC property, as per city permitting regulations.
Additionally, the burden of cleanup falls on the homeowners due to littering by concert attendees, who have been observed drinking and smoking on private blocks during concert days.
The core issue is that the NYPD allegedly blocked access to the private roads entirely, preventing FHGC homeowners from accessing their own properties, as claimed in the complaint.
One particularly troubling instance noted in the lawsuit describes an elderly woman who suffered injuries after she was forced to carry bags over several blocks because police would not permit her taxi to drop her off at her residence.
Responding to the accusations, the NYPD asserted that their officers only patrol the public streets.
“The NYPD maintains a presence on public streets surrounding Forest Hills Stadium to ensure proper crowd control during events. Barring emergency situations, we do not operate on private streets under the jurisdiction of the Forest Hills Garden Corporation,” an NYPD spokesperson stated.
Jenna Cavuto, a resident, noted that on concert nights, she often chooses to stay elsewhere to avoid the hassle.
“Just getting to Austin Street involves negotiating security checkpoints and crowds of up to 13,000 people; it’s exhausting. There are times I simply don’t have the energy to deal with it all,” said Cavuto, a 33-year-old public school teacher from Long Island.
“Planning anything on concert nights requires careful consideration. Our lives seem to revolve around when these concerts happen, and I sincerely don’t understand why a private business has the power to dictate our daily lives in this way,” she remarked.
Having moved to the Gardens in 2018, Cavuto hopes this lawsuit prompts a reevaluation from the Forest Hills Stadium regarding the disturbances its concerts create for local residents who share the area with the tennis club.
Not every FHGC member is in favor of this lawsuit. Mitchell Cohen, a former president of FHGC, expressed disappointment, perceiving it as driven largely by the board.
“As a resident, it’s disheartening to see our Board intentionally prevent the NYPD from ensuring security for our neighborhood, and it’s even more perplexing to see them suing the city for a situation they engineered. The vast majority of Forest Hills supports the stadium; it’s unfortunate that a few individuals are expending resources trying to undermine something beloved by many,” Cohen lamented to The Post.
Tiebreaker Productions, the company behind the concerts, declined to comment, and the Mayor’s Office has not yet responded to requests for information.
This lawsuit represents the third legal challenge from Forest Hills residents in their ongoing conflict with the Forest Hills Stadium and Tiebreaker Productions.
The prior lawsuits directly addressed issues surrounding excessive noise levels disrupting local homes during concerts. The Department of Environmental Protection cited the stadium with at least six violations last summer, a decrease from the previous year’s eleven.
Tiebreaker Productions and the stadium maintain they adhere to the stringent guidelines set forth by FHGC—including adherence to the 10 pm curfew—and they garner substantial support from the broader community, including local businesses that benefit economically from the concerts.
