{"id":329840,"date":"2026-08-26T03:10:19","date_gmt":"2026-08-26T03:10:19","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-ny\/329840\/"},"modified":"2026-08-26T03:10:19","modified_gmt":"2026-08-26T03:10:19","slug":"private-event-venue-illegally-co-opting-midtown-east-public-plaza-charging-for-access-and-deputizing-cops-to-kick-people-out-lawsuit","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-ny\/329840\/","title":{"rendered":"Private event venue illegally co-opting Midtown East public plaza, charging for access and deputizing cops to kick people out: lawsuit"},"content":{"rendered":"

A high-end event venue has \u201ctaken over\u201d a Midtown East public plaza, illegally denying people access to the space via barricades, no trespassing signs, security guards and an \u201cagreement\u201d with the local NYPD precinct, alleges a new class action suit.<\/a><\/p>\n

Luxury event and wedding venue Guastavino\u2019s<\/a> has illegally made the public plaza under the Queensboro Bridge near East 59th Street and 1st Avenue its own, alleges a group of people who say they\u2019ve been denied access to the space consistently for years and documented NYPD officers kicking them out on Instagram.<\/p>\n

\u201cThis case is about the brazen and illegal seizure of public space by a high-end private event company and a commercial real estate developer who, on a daily or near-daily basis, evict the general public from a public plaza in Midtown Manhattan,\u201d states the suit. \u201cThe city, rather than enforcing the terms of the original deal on behalf of the public, actively participates in the illegal scheme by falsely claiming the space is private property and, upon request of the companies, evicting members of the public, arresting them, and charging them with trespassing.\u201d<\/p>\n

The lawsuit filers seek damages for all members of the public who have been kicked out of or denied access to the space.\n<\/p>\n

Guastavino\u2019s is not only kicking the public out of the city-owned plaza, the suit alleges, but also profiting from it \u2014 selling the use of it and an \u201cillusion of exclusivity\u201d to clients who sometimes pay up to $300,000 to hold events in the pricey event hall.<\/p>\n

The suit, filed Monday, asks for an accounting of all the money the private space has made off using the public space over the years, and for those funds to be placed into a court-approved restoration fund dedicated to the preservation of public space in Midtown East.<\/p>\n

The venue has advertised the public space as its \u201cprivate garden\u201d on its website, which the suit alleges has allowed Guastavino\u2019s to charge more for events. It also recently accepted payment for a high-profile film shoot in the space. The venue has never obtained a city permit for use of the outdoor space for those events, the suit alleges, a requirement when operating in public spaces.<\/p>\n

In response to a request for comment on the suit, Guastavino\u2019s said it \u201cacknowledges that this is a public plaza,\u201d and is working with the city to \u201ccome up with a path forward.\u201d City Hall and the NYPD \u2014 both of whom were named in the suit \u2014did not respond to requests for comment.<\/p>\n

City Council Speaker Julie Menin\u2019s<\/a> office, however, told amNewYork that city agencies investigated the matter at her request, an action which resulted in the removal of \u201cincorrect signage\u201d that indicated the plaza was private Tuesday morning. New signage clearly indicating the space is public will be installed, Menin said.<\/p>\n

\u201cPublic spaces belong to all New Yorkers and must remain accessible for everyone to enjoy,\u201d said Menin, whose district includes the contested public space. She said she became aware of the issue through constituents and the attention the controversy over the space has garnered on social media<\/a>. \u00a0<\/p>\n

Midtown East public plaza suit may impact usage across NYC
\n\"\"Since-removed signage incorrectly stating the plaza was private.<\/p>\n

Other council members whose district neighbors the plaza and includes contested public spaces said their offices and the city\u2019s legislature were considering ways to beef up enforcement against private businesses that were taking advantage of, misusing or unjustly keeping the public out of adjacent public spaces or of privately owned public spaces, colloquially known as POPS.<\/p>\n

Brice Peyre, a spokesperson for Council Member Virginia Maloney, whose district neighbors the 59th Street public space, said her office and the Council have been getting calls from residents complaining about private businesses taking advantage of public spaces and POPS, which had spurred Maloney to turn her focus to the issue.<\/p>\n

\u201cWe would love to see enforcement of the actual regulations as they exist right now,\u201d Peyre said. \u201cWhere are the teeth? Do we need to put in more enforcement measures, like financial penalties, stepped-up penalties, other forms of more enforcement? We\u2019re just starting to dig into that.\u201d<\/p>\n

\u201cThere is a need to keep an eye on it as far as security and to make sure it doesn\u2019t become overrun,\u201d he added. \u201cIt\u2019s a balancing act there, but I\u2019m sure that we can work with local precincts and private building owners to make this work for everyone. Because the way it\u2019s going now, it\u2019s becoming a free giveaway to corporate interests, and it\u2019s just not right. We need to reclaim our public spaces.\u201d<\/p>\n

There is clear documentation that this has been a city-owned plot of land and a public space for decades. The leases private businesses signed with the city cited in the suit clearly require that the space remain public. <\/p>\n

Additionally, the 59th Street space includes a large fountain in the back, donated by the Municipal Art Society of New York, with an inscription denoting the plaza as public.\u00a0<\/p>\n

\"\"Donated fountain in the public space.<\/p>\n

Sean Basinski, a lead plaintiff on the suit, said he started coming to the space regularly to lift weights and get fresh air during the height of the COVID-19 pandemic. He\u2019s been told to leave without adequate reasoning and has been arrested for trespassing when simply sitting in the public space and taking photos (that case was dismissed a few months ago).\u00a0<\/p>\n

He\u2019s since heard from dozens of neighbors that they\u2019ve been kicked out or incorrectly told the space\u2019s not public by private security or NYPD officers, including a woman who sat down to rest in the space with her father who was undergoing chemotherapy treatment. Being kicked out of the space was one of her last memories with her father before he died, she told Basinski.\u00a0<\/p>\n

\u201cThis has happened here for, we think, 20 years,\u201d said Basinski, a former attorney for the Street Vendor Project. \u201cPeople are sick of getting told they can\u2019t be there. They tell us it\u2019s private space, but it\u2019s public space.\u201d<\/p>\n

Basinski and other members of the neighboring community emphasized the importance of public space in the area, which historically hasn\u2019t had much green space. <\/p>\n

Iskander Khan, a 21-year-old who grew up in the area, said he\u2019s always been upset by security and police making him feel like he\u2019s unable to use the public space.<\/p>\n

\"\"Khan speaks to reporters in the public space.<\/p>\n

\u201cI remember as a kid finding this and thinking it was the perfect little oasis,\u201d Khan said. \u201cI also remember getting kicked out \u2026by security. That was a long time ago. In the years since, it\u2019s never quite felt like a public open space. I\u2019ve always felt like I\u2019m trespassing, and that\u2019s partially because there\u2019s no public space sign.\u201d<\/p>\n

\u201cThis neighborhood doesn\u2019t have that many nice, green, sort of peaceful places to sit and think for a while,\u201d Khan continued. \u201cI think it\u2019s really important to get clarity on the situation and \u2026 get a public space sign so that residents feel comfortable hanging out here.\u201d<\/p>\n