Gowanus Rezoning Opponents Sue City For Using Virtual Meetings

BROOKLYN, NY — A new lawsuit from opponents of the Gowanus Rezoning claims the now-ubiquitous switch to holding public meetings virtually amid the coronavirus crisis is actually illegal.

Voice of Gowanus — who announced they planned to take legal action earlier this week — filed a lawsuit on Friday claiming the city's plan to start the Uniform Land-Use Review Procedure for the Gowanus Neighborhood Plan next week would be "illegal and inequitable" given that the meetings would be held virtually instead of in-person.

The lawsuit seeks a temporary restraining order on the city's plan to start the clock on the land use process Jan. 19, arguing that city officials should wait until the pandemic is under control and in-person meetings are allowed before putting it up for review.

“The city has failed to respond to the community’s numerous equity, transparency and access concerns about its proposed virtual-only public review process, and has left my clients no choice but to bring this proceeding in Court today seeking to halt the de Blasio Administration’s unlawful attempt to silence the community’s voices,” Attorney Jason Zakai said in a release. “...There is simply no reason for rushing through this proposal right now.”

The lawsuit, filed against the Department of City Planning, which is leading the Gowanus plan, comes several months after Voice of Gowanus first flagged their concern with moving ahead through virtual meetings.

The group contends that online meetings pose problems for those who need translation services, don't have internet access or are visually impaired. They also make it more difficult for the community to "organize, assemble, and effectively be heard," the group says.

City officials have argued that virtual meetings actually make the civic process more accessible. They maintained Friday that their plan is fully legal.

“The U.S. Supreme Court uses remote meetings. So does the New York City Council. These meetings aren’t just legal and obviously appropriate in a pandemic – they have increased participation and opened the process to those unable to attend in-person," Nick Paolucci, spokesperson for the city's law department, said in response to the lawsuit.

"Planning efforts like the Gowanus rezoning are vital to bring affordable housing, economic opportunity and infrastructure like open space to New Yorkers, and they lie at the heart of our COVID-19 recovery. We are confident that we’re fully complying with the law.”

The lawsuit also contends the city failed to provide notice about the upcoming ULURP mandated by the city charter, an argument raised by two Voice of Gowanus members earlier this week in a letter to DCP. Both DCP and the community board have maintained that the city provided proper notice.

The lawsuit could be simply the first step in Voice of Gowanus' legal plan to prevent the rezoning, which aims to change zoning laws in a section of the neighborhood to spur a mix of development.

The coalition said in their announcement Friday that "The Gowanus Legal Defense Fund continues to generate financial support for VOG suits to defend Gowanus."

Read More:

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• Gowanus Rezoning Process Resumes This Week: What To Expect
• City Commits To 100-Percent Affordable 'Gowanus Green' Project
• Gowanus Pushes For More Details As Rezoning Process Resumes
• Gowanus Rezoning Opponents Gear Up For End Of Coronavirus Delay