COMMUNITY GARDENS
DESTROYED FOR YUPPIE CONDOS

Real Estate Developer
Donald Capoccia Fucks Up!!

By Carl Kolchak

    On December 30, at 8:00 am, five community gardens were
attacked simultaneously by demolition crews hired by real estate
developer and gentrifier Donald Capoccia, backed by an army of
cops. Within hours, the gardens were cleared of their trees,
plants, paths and other improvements representing years of labor
by people improving their neighborhood. Three of the gardens
include the Mendez Mural Garden on East 11th Street (between
Avenues A 2D B), the 11BC Garden (between Avenues B 2D C), and
the 10BC Garden (between Avenues B 2D C).
    As reported in SHADOW #42, on May 14, 1997, the garden sites
were handed over to the New York City Partnership, a consortium
of financial and real estate interests central to the Giuliani
administration's privatization plans for city-owned land. The
Partnership has given the land over for development to BFC
Associates, a construction company owned by Capoccia, who plans
to build condominiums in a bogus "affordable housing" scheme. The
condominium project, called Del Este Village by Capoccia's group,
would consist of 98 duplex condominiums with 30 foot private back
yards, priced between $117,200 and $159,800, with options such as
high-speed Internet access that could drive the price even higher
(see SHADOW #42 for a full description of the "Del Este Village"
condo scam--Ed). 
    In addition, the city and state have $30,000 in subsidies
available to the purchasers. This scheme, part of a broad
privatization agenda by the city that entails the wholesale
sell-off of city-owned land, removes scarce and precious
community-controlled public space. All it provides in return is a
small amount of luxury housing for the upper middle class and a
mega-profit for one of Giuliani's friends and campaign donors.
    The Del Este Village condo units would be "managed" by Lower
East Side Coalition Housing Development, a housing group
controlled by former City Councilman Antonio Pagan. Capoccia and
BFC are major financial contributors and supporters of both Pagan
and mayor Rudolph Giuliani.
    Pagan and Capoccia have had many other real estate dealings
on the Lower East Side, including the theft of the 13th Street
Squats for phony "low-income" housing from the squatters who had
resided there for more than ten years. Capoccia's crew did the
demolition and construction while Pagan's LESCHD manages the
buildings. Eventually, they will be transferred to Pagan's
private ownership. 
    Beside seeking garden sites on the Lower East Side for
building subsidized yuppie condos, Capoccia also has his eyes on
gardens in Harlem. Considering his close relationship with Pagan
and mayor Giuliani, he may have no trouble getting those sites as
well. At one point, Giuliani's mayoral campaign had to return a
$20,000 donation from Capoccia, which was over the legal limit.
But, Giuliani was able to accept thousands of dollars in opera
tickets given by Capoccia.
    During the demolition of the Mendez Garden on December 30,
Capoccia was greeted by neighborhood residents who identified
him, dressed in green polyester slacks. Capoccia was chased up
Avenue A as people shouted at him and nailed him with gobs of
spit all over his body. Capoccia ducked into a deli, where he
tried to call for help on his cell phone. He called police, but
they wouldn't respond. After a while, one of Capoccia's
construction workers arrived. The thug acted tough as he escorted
Capoccia to a car in which he made his escape.

GARDENER ARRESTED FOR RETRIEVING SURVIVING FLOWERS
    On February 23, Agi Groff, one of the key gardeners of the
Mendez Mural Garden, was arrested and charged with "criminal
trespass," based on a complaint filed by Donald Capoccia. Groff
was accused of having tried to rescue some tulips, irises and
crocuses from the ruins of the Mendez Garden that had survived
the December 30 bulldozing and which were beginning to sprout. 
    A few days later, a Community Affairs officer from the Ninth
Precinct 

called Groff to convey what could be fairly described as a threat
from Capoccia. Capoccia, upset about the picketing outside his
apartment in response to his decision to have Groff arrested,
wanted Groff to sign an agreement that "she won't harass him any
more," or he would have her charged with "aggravated harassment."
    Groff responded that she had done nothing to harass Capoccia,
and that it is not within her power to stop the picketing, which
is in any case legally protected First Amendment activity.  

CAPOCCIA CREW IN DEEP SHIT OVER CARELESS EXCAVATION 
    On March 4, while digging and laying a foundation for part of
their Del Este Village condominium project in a lot at the corner
of East 11th Street and Avenue B, a construction crew working for
Donald Capoccia undermined the foundation of the adjacent
building at 182 Avenue B with a large back hoe, causing severe
cracks and other structural damage.  
    At about 11:00 am, tenants were told to leave their building
by Capoccia's construction crew, not by police or city officials.
Representatives of the mayor's Office of Emergency Management
(OEM) arriving on the scene told the tenants that they would have
to wait two weeks for a decision from the city before being
allowed to return. The whole area was immediately cordoned off
and support beams were used to shore up the building, but the
damage had already been done. The next day, tenants, escorted by
cops one at a time, were able to retrieve some of their
belongings. 
    A SHADOW source close to the landlord and tenants of 182
Avenue B revealed to the SHADOW that Capoccia's
construction/destruction crew, while digging a trench to fill
with cement for a foundation, only used supports alongside the
rear yard of 182. But no supports were used as the foundation
trench was dug out by a large back hoe alongside 182 Avenue B's
south wall. Apparently, the back hoe hit the building's stone
mortar. In addition, the SHADOW has learned that after
undermining the structural integrity of the south wall of the
building, Capoccia's crew continued digging past the property
line into the sidewalk area. 
    It has also come to light that Capoccia's crew was working
without posting a city-issued work permit on the site, as
required by law, nor had Capoccia's crew posted work permits at
any of the other Del Este Village sites at which they are
working. In addition, according to a SHADOW source, Capoccia's
crew does not have permits for the equipment they are using at
the sites, such as pile drivers.
    Despite Capoccia's crew shoring up the south wall of 182
Avenue B after the fact, the SHADOW's man on the scene says "it's
no good." The source told the SHADOW that supports have been
installed in the basement and first floors of 182 Avenue B, but
reports that walls are separating from the floors inside and out,
and new cracks are developing. A tenant in the building told the
media that before Capoccia's crew damaged her building on March
4, she had noticed plaster falling for several days as Capoccia's
back hoe dug away next door.
    A building contractor consulted by the SHADOW explained that
the building's joists could be reinforced with supports, floor by
floor, from the ground floor up, and then the brick wall could be
rebuilt, "if anyone was really interested in saving it." 
    After refusing to return telephone calls by the media, BFC
Associates, Capoccia's construction company, has since issued a
press release in which they claim that the owner of 182 Avenue B
was responsible for the damage, since, according to BFC's
interpretation of the city's regulations, they didn't dig lower
than 8 feet. Apparently, city inspectors do not agree. A "Stop
Work" order posted at the 11th Street and Avenue B work site by
the Department of Buildings reads: "Failure to protect adjoining
structure during demolition."
    As of March 12, the SHADOW has learned that 182 Avenue B
landlord Sy Bernardi plans to sue Capoccia and BFC construction
for damaging his building and forcing his tenants to evacuate.
The tenants are still waiting for word from the city as to
whether they will be allowed to return to their apartments.
Meanwhile, they have organized and have retained an attorney.
They plan to sue Capoccia, BFC, the landlord, and possibly the
city as well. At press time, the city has not yet announced a
decision on whether to demolish or have 182 Avenue B repaired.
    The SHADOW has learned that before getting his building hit
by Capoccia's crew, Bernardi had been trying for years to sell
it, without success. Now, according to some observers, it looks
as though Capoccia has just bought himself a building--the
hard way.
    Meanwhile, further east on Eleventh Street, a half block from
the scene of Capoccia's latest misdeed, a huge pile driver sits
idle in a vacant lot, the remains of the Toy Garden, destroyed by
Capoccia's crew on December 30. A woman living next door to the
lot with her young children told the SHADOW that the pile driving
by Capoccia's crew has caused her building to shake violently.
"It's like an earthquake," she said. Her fear is that Capoccia
will cause damage to her building, as he did to 182 Avenue B.
Another observer of the pile driving wondered aloud if Capoccia
isn't purposely trying to undermine and cause the collapse of
buildings adjoining the garden lots he acquired so that he could
have even more land to build on. In response to the damage to
182 Avenue B, tenants of buildings next to the two lots on East
11th Street acquired by Capoccia for the Del Este Village
project have organized for their protection against possible
future problems caused by Capoccia's crews.     
    Luckily for area residents, OEM director Jerry Hauer
announced that the city is halting any more work by Capoccia and
BFC at all construction sites for the Del Este Village yuppie
condo project, pending further investigation.

CAPOCCIA SUES TO SILENCE GARDEN ACTIVISTS
    On March 4, as he monitored the situation at 182 Avenue B
with his neighbors, garden activist Todd Edelman was served with
a summons by an agent for Donald Capoccia. Edelman discovered
that the plaintiffs, Donald Capoccia and BFC&R East 11th Street,
LLC (Capoccia's construction company's legal entity created
specifically for the Del Este Village project), are suing Edelman
and three other activists for $2 million each, alleging
"defamation," "tortious interference with contract," "assault and
battery," and "harassment." The suit seeks $1 million in
compensatory damages and $1 million in punitive damages, plus
interest. Apparently, Edelman's name was obtained by Capoccia
through press releases issued by Edelman concerning the
demolition of community gardens by Capoccia and through Edelman's
numerous appearances on local television. One of the defendants
in Capoccia's suit is described as "John Doe 1-10," apparently to
allow Capoccia to add defendants as he desires. As of press time,
Capoccia has failed to serve any other defendants, including
"John Doe 1-10." 
    In the opinion of one of the SHADOW's attorneys and legal
advisors, Capoccia has shot himself in the foot. Activist
attorney Stanley Cohen, when told of Capoccia's suit against
garden activists, told the SHADOW: "Capoccia can read this any
way he wants to, but the first best defense that prevails
universally is the truth! Capoccia, because he has systematically
insinuated himself into the housing controversy on the Lower East
Side, making political contacts and shaping events, must be
considered a public figure and as such, there is a much higher
burden of proof on his part." Stanley Cohen's legal advice for
Capoccia? "Grow up!"
    If Capoccia's purpose in filing suit against a few of the
many people opposed to his activities on the Lower East Side is
to frighten them and others into silence and submission, he has
failed. Another SHADOW legal advisor says that with his suit,
Capoccia has now opened himself up to further scrutiny. The
defendants will be able to file discovery motions and information
subpoenas to obtain information on every dealing between Capoccia
and those who have facilitated his acquisition of city-owned land
for building various housing projects throughout the city, past,
present and future.
    In response to Capoccia's suit, Edelman told the SHADOW: "As
far as I know, the First Amendment still applies on the Lower
East Side and no activist should respond to this suit by
curtailing their activities." The defendants are being
represented by activist attorney Ron Kuby, who is assembling a
legal team to deal with Capoccia's charges. (Can you say
"malicious prosecution," Donald?)
    Since the garden demolitions, Capoccia's home on East Third
Street has been the site of countless pickets, protests,
demonstrations and neighborhood information campaigns, such as
"What Kind of Neighbor Is Donald Capoccia?" These activities have
increased and are expected to continue as Capoccia raises the
stakes in his efforts to squelch attempts to expose his
activities and misdeeds on the Lower East Side.


NO BUSINESS AS USUAL FOR THE 
DESTROYERS OF COMMUNITY GARDENS!
From The Mighty E-mail Army: 

    PRESERVE, DON'T PRIVATIZE! The City owns than 10,000 TRULY
vacant lots and it now wants to destroy 300 more gardens--it
should be using its resources build TRULY affordable housing and
create MORE green space, not demolish community gardens. JOIN THE
PHONE AND FAX JAM. Because this is such a crucial moment, you
could call or fax the six targets listed below--you might pace
yourself by making two calls a day for three days (or three calls
a day for two days):

Mayor Rudy Giuliani (Express your outrage at the assault on
community gardens and the sell-off of city land to developers):
Phone 212-788-3000, Fax 212-406-3587

Deputy Mayor Randy Levine (High ranking city official
responsible for the plan to bulldoze community gardens): Phone
212-788-8330, Fax 212-788-2976

Parks Commissioner Henry Stern (Tell the Parks Department that
it's not doing enough to preserve community gardens citywide):
Phone 212-360-1305, Fax 212-360-1345

Manhattan Boro President Virginia Fields (Voted to give gardens
to developers as city council member; Good friend of Giuliani):
212-788-6972

Public Advocate Mark Green (Hasn't yet spoken out in favor of
community gardens--urge him to defend our public spaces!): Phone
212-669-7200, Fax 212-669-4701

Housing Commissioner Richard Roberts (The city's top housing
bureaucrat and a major force behind the destruction of gardens):
Phone 212-863-6100, Fax 212-267-2565

NYC Housing Partnership President Veronica White (The
Partnership, which is the city's Chamber of Commerce, has
masterminded the demolition of community gardens, as part of a
development-mad push to privatize huge amounts of city land):
Phone 212-493-7400, Fax 212-344-3344

Roosevelt Savings Bank (Provided financing to Donald Capoccia,
the developer who bulldozed the four Lower East Side gardens; Let
the bank know you're appalled by its cavalier disregard of
community sentiment): Phone EITHER Walter Mullins, Community
Relations 516-739-4214 OR William Kuhn, Real Estate 516-739-4300,
Fax 516-742-6145

Donald Capoccia (Politically-connected real estate developer
acquiring city-owned land and community garden sites for
upper-income housing projects): 74 East 3rd Street, #1B, NY, NY
10003. 212-420-0453

BFC Associates (Capoccia's construction company building on the
garden sites; Responsible for destruction of the 13th Street
Squats; Caused evacuation of residents of 182 Avenue B by
damaging building): 2226 First Ave, NY, NY 10029. Phone
212-722-3671, Faxes: 212-534-5021 2D 673-8496

Cardella Demolition (Capoccia's demolition company of choice):
1-800-548-7001 (Remember, they must pay for every incoming call)

Del Este Village (Condo project to be built by Capoccia on
garden sites): 214 Avenue A (right storefront), NY, NY 10009.
212-673-8445

Antonio Pagan (Former city councilman who voted to give garden
sites to his pal Capoccia; His housing group LESCHD will "manage"
the sites once the yuppie condos are built): 7 East 3rd Street,
#10, NY, NY 10003. 212-473-6995

Lower East Side Coalition Housing Development/LESCHD (Poverty
pimp housing group controlled by Antonio Pagan; Slated to
"manage" Del Este Village yuppie condo project): 67 Avenue D and
308 East 8th Street, NY, NY 10009. Phones 212-387-0961, 254-1916,
260-6233, 677-3015, 677-4772 

    Obviously, super-energetic Garden
Defenders should feel free to make multiple calls or send
multiple faxes to the above targets, although we're asking you
to contact each target only once. As long as you clearly express
the political reason for your call or fax, you're within the
protective bounds of the First Amendment, no matter how many
times you keep calling. You can continue faxing any given number
up to and until the point when you are specifically asked to
stop. At that point, it's recommend that you do stop; if you
continue, you might risk legal trouble. (For more tips, see "Fax
Zap" and "E-Mail Bombing" articles on the "Subversive Electronics" 
page in this issue--Ed.)
    We're REALLY getting on our opponents' nerves, as evidenced
by several irritable communications from them to us. Mind you,
the inconvenience we've created for our opponents still pales in
comparison to the harm they've done us by bulldozing our
community gardens--there's much to do if we want to even the
score. Our goal is to make it easier for them to change rather
than continue their course--in other words, give them such hell
that they blanch at the thought of what will happen if they keep
bulldozing gardens.
    This is an ongoing fight: If you're not already a member of
The Mighty E-mail Army of Garden Defenders and would like to
join, write to: gardens@ cybergal.com. The Email Army now numbers
close to 150 members. The Mighty E-mail Army is a project of the
Lower East Side Collective (http:
//www.earthlink.net/7Ealiceme/lesc).
NOW GO KICK SOME GARDEN-BULLDOZING BUTT!!