How artists graffitied one man’s property, made it famous, sued him when he knocked it down – and won $6.7m

The factory in Queens, New York City, where graffiti artists can express themselves legally. Image: Nigel Morris/Flickr/creative commons.

It’s an extraordinary tale with a whiff of Banksy about it, although surprisingly, he was not involved. In a landmark ruling, 21 New York street artists have sued and won $6.7m in damages from the owner of a building who destroyed their graffiti when he had the building demolished.

Following a three-week trial in November, on 12 February, Judge Frederic Block ruled against Jerry Wolkoff, owner of the 5Pointz complex in Queens, conferring the biggest award of $1.3m on the building’s mastermind-curator, graffiti artist Meres One, real name Jonathan Cohen.

5Pointz mastermind Jonathan Cohen, aka Meres One, who won $1.3m in the landmark court ruling. Image: Thee Erin/Flickr/creative commons.

The demolition of the former factory site turned graffiti mecca began in August 2014. The year before, artists had tried to oppose the warehouse’s destruction, but an attempt to win an injunction to prevent the owner from knocking it down was unsuccessful.


In the 1990s, Wolkoff had agreed to allow the derelict factory to be used as a showcase for local graffiti talent. Called the Phun Factory, it was later renamed 5Pointz by Meres One in 2002. Under the artist’s watchful eye, it evolved into an “aerosol art centre” and became famous the world over, a huge draw for graffiti aficionados and tourists alike.

In the end, Wolkoff profited from the graffiti and its destruction, when the value of the complex went up from $40m to $200m and permission to build luxury condos was obtained. Destroying 5Pointz, the judge stressed, permitted Wolkoff to realise that value.

Proper works of art

Judge Block accepted that 45 artworks at the centre of the case had “recognised stature” and must receive protection under the Visual Artists Rights Act (VARA), a piece of legislation which was introduced in the US in 1990 to protect artists’ moral rights – but has rarely been applied in their favour.

Credit: Kevin Wood/YouTube.

The rationale used by the court to confirm these artworks were of merit was crucial. To be considered such, works of art don’t need to be mentioned in academic publications or be considered masterpieces, as the expert for the property owner had argued.

It was enough, the judge said, for the 5Pointz artists to show their professional achievements in terms of residences, teaching positions, fellowships, public and private commissions as well as media coverage and social media presence.

Judge Block also carefully examined Wolkoff’s behaviour. The artworks – even those that could be easily removed as they had been placed on plywood panels – were whitewashed prior to demolition without giving artists the 90-day notice required by VARA. And the owner did so, the judge stressed, while conscious of the fact the artists were pursuing a VARA-based legal action. Such behaviour, the judge concluded, was not acceptable.

Such blatant disregard for an important legal provision pushed the judge to award the artists the maximum amount of damages allowable under the law. And although he did not grant the injunction requested by the artists in 2013, the judge had warned Wolkoff that he would be exposed to potentially high damages if the artworks were finally considered of “recognised stature”, as they were by the 12 February ruling.

5Pointz drew street art aficionados from all over the world with its wildly imaginative and inventive graffiti. Image: Paxti Moraleda/Flickr/creative commons.

The court also took into account that 5Pointz had become an attraction for visitors to New York, with busloads of tourists, schoolchildren and even weddings heading to the site. Also thanks to Meres One’s savvy stewardship for more than a decade, not only was the complex painted regularly by talented graffiti artists from all over the world, 5Pointz also attracted movie producers, advertising companies and bands, and was used as a location for the climax for the 2013 film Now You See Me.

The judge did not attach much importance to the fact that several artworks at 5Pointz were not meant to be permanent, an argument that had also been relied on by Wolkoff to claim that the pieces could not be protected. But the court reminded him that VARA protects both permanent and temporary art. This is an important provision of the law, especially when all that makes a work transient is the site owner’s expressed intention to remove it.

Art v property

This ruling may well embolden other graffiti artists to sue property owners who destroy artworks without following the correct procedure, even beyond the US. It may also make owners of buildings whose walls host graffiti more careful. Most important, the huge amount of damages awarded in this case will convince many that ignoring legal provisions and disregarding legitimate graffiti art is not a good idea. Judge Block made clear he awarded the maximum penalty allowable to deter other building owners from behaving in the same disrespectful way as Wolkoff.

5Pointz in Queens was an old factory that was turned into an aerosol art centre. Image: P Lindgren/creative commons.

Finally, the decision clearly marks the evolution of graffiti and street art, long considered to be temporary or transient artforms. It is now clear that artistic movements such as these aim to become more permanent forms of art, and that they have achieved a status similar to the one traditionally held by works of “fine art”.

The ConversationSo the gap between “street art” and “fine art” is narrowing. As 5Pointz curator Meres One put it: “This case will probably change the way art is perceived for generations to come.”

Enrico Bonadio, Senior Lecturer in Law, City, University of London.

This article was originally published on The Conversation. Read the original article.

 
 
 
 

Marseille and Paris are crawling with rats. But it’s your problem too

A Parisian rat. Image: Getty.

You can very easily have a fine time in Marseille, but it is likely to be interrupted by rats.

The bloated and brazen beasts are so utterly convinced they own the place that they barely register any human presence to distract from their hedonistic excesses – throwing wild street parties, burrowing holes in overflowing bins, and darting in and out of exclusive harbourfront restaurants. We only really intrude when the occasional, blissfully oblivious rat is splattered across the cobblestones by a scooter.

For many residents, the whiskery foes have gone some way beyond a nuisance to represent a genuine menace. Rats have infested schools and taken over canteens. Pest control services claim they have broken into cars and gnawed through cables, which may have contributed to accidents. It is also alleged that they have caused Internet outages by attacking fibre-optic cables – continuing the venerable horror movie tradition of cutting the power seen in Aliens and Jurassic Park. Rats are also infamous and prolific traffickers of disease and have raised the threat of Leptospirosis.

Rat populations are fiendishly difficult to quantify, given their nocturnal lifestyle and that many live off-grid in the sewers; but by some estimates they now outnumber Marseille’s human inhabitants. Distress calls from the public to the city’s sanitation department and pest control services have increased, and the unofficial fifth emergency service has expanded its operations in response, laying poison traps and sweeping the gutters.

Several factors have contributed to the rat supremacy. Marseille’s Mediterranean climate has always been hospitable to rats, and a series of unusually warm summers – often passing 30°C – have made it more so. (Rats tend to stop breeding when it’s cold.)

City officials also bemoan the wanton waste disposal habits of their citizens, which have allowed large and easily accessible piles of appetising trash to accumulate. Marseille’s councillor for hygiene Monique Daubet recently complained the city has become a “five-star restaurant for rats”.

Others have suggested a series of strikes by garbage collectors gave the rat population a turbo charge it barely needed. A single pair of brown rats can spawn more than a thousand descendants within a year.

That formidable birth rate is one indicator of what the city is up against: the urban rat is almost a perfect predator. Millennia of human ingenuity has failed to remove them from our midst or negate the threats they pose. Rats are supreme survivors – scientists marvel at their survival on nuclear test sites – and they thrive in the most inhospitable environments. They can eat practically anything, but are neophobic, meaning they shy away from all but the most devious poison traps. The rodents are intelligent, resilient, and their ability to colonise new habitats rivals our own.

Faced with this adversary, the local authority has assigned more resources to the fight, through both the city’s sanitation department and the private extermination service A3DS. Both are reluctant to discuss their tactics and whether they are having an impact. But officials are also taking a tough line on public responsibility, insisting that residents dispose of trash after 7pm in sealed bags or face fines. The city has also proposed measures such as mobile dumps and new model bins that rats should find harder to access.

The Marseillais are also keeping a close eye on events in the capital: Paris’ rat problem may be even more severe, driven by flooding from the River Seine that has forced the rodents to seek higher ground. In recent years, rats have overrun the Louvre and forced the closure of public parks, as well as starring in viral video nasties that do little for the city’s image as the capital of romance.


Paris mayor Anne Hidalgo has sounded the alarm and invested millions of euros in a campaign against rats, which has seen thousands of raids in hundreds of parks and buildings, as well as the introduction of more secure bins, and fines levied against people accused of feeding the enemy. Her administration has also despatched an envoy to New York to study the city’s approach to its own notorious rodent community.

An international approach makes sense given that rats are on the march all around the world. Reported sightings have shot up in New York, Chicago, Boston, San Francisco, and Washington. One study estimated that rats inflict $19 billion of economic damage each year in the US alone. London has also seen an increase in reported sightings. Leading rodentologist Bobby Corrigan says the same patterns are playing out in the major cities of the Americas, Europe, Asia, and Australia.

And for much the same reasons. Contributing factors include “too few resources allocated an organised program for rat control,” says Corrigan. “Also, more people in our cities means more refuse, more overloading of the city’s sanitation budgets, less thorough removal of the kind of food shrapnel that escapes typical garbage collection. Each rat only needs about 30 grams of food per 24 hours to thrive and reproduce.” A warming climate also plays a part.

Poison traps and culls can only go so far, says the rodentologist, arguing that a holistic approach is required to head off the growing threat. “The best measure is a city organised in addressing the rats across all agencies,” says Corrigan. That means mobilising departments of sanitation, parks, housing, health, and sewers, as well as mayoral administrations themselves.

Society-wide civic participation is also essential. “Controlling rats takes everyone: every homeowner, shop owner, restaurant, grocery store, airport, and so on. Not to do so invites the risk of a “new and/or highly virulent virus” developing among our old enemies, he adds.

Research into sterilisation programmes offers some hope of a new weapon to repel and reduce the rodent hordes. But not enough for us to evade responsibility while rat populations grow and the threat increases. “If we don’t work together as the wise species we claim to be and present a scientific, multi-faceted organised effort against this very smart and organised smaller mammal, we can have no hope of defeating it,” says Corrigan. Time to man the barricades.