Art
5,957 Hypes 3 Comments

5Pointz Developer Appeals to Supreme Court, Refuses to Pay $6.8 Million USD to Artists

Also calling the 1990 VARA act, which protects works of art, unconstitutional.

G&M Realty, the real estate development company that whitewashed the exterior of the 5Pointz warehouse back in 2013, filed an appeal to the U.S. Supreme Court on Monday. The company asked to reverse a $6.8 million damages award that the the U.S. District Court for the Eastern District of New York entered in favor of 21 graffiti artists back in February.

Jerry Wolkoff, the New York developer who founded G&M Realty, died last week aged 83. Wolkoff’s company is not only refusing to pay damages, but says that the provisions of the 1990 Visual Artists Rights Act (VARA) is unconstitutional as per The Art Newspaper. More precisely, the company argues that certain phrasing in VARA, such as the protection of works with “recognized stature” from being destroyed or modified without the artist’s consent is vague and “egregiously runs afoul” of the Fifth Amendment’s right to due process. The developers also claim that VARA doesn’t protect the rights of property owners, especially those who want to get rid of their property.

G&M Realty and the graffiti artists have been in dispute for the past several years. In 2002, Wolkoff enlisted a group of graffiti artists to turn the 5Pointz warehouses into an exhibition space. Numerous artists painted the buildings’ exterior and interior walls since then and the site became a popular tourist attraction with New York City locals calling it “The Mecca of Graffiti.” In 2013, however, Wolkoff received municipal approval to demolish 5Pointz and use the space to build luxury condos.

If the Supreme Court accepts G&M Realty’s appeal to revisit VARA, the Court’s decision could greatly impact the creative limitations of artists and those looking to invoke VARA in future court cases. Stay tuned for further developments on this story.

Elsewhere in art, Clotilde Jiménez explores the Black body and queer identity in “THE CONTEST” exhibition.

Read Full Article

What to Read Next

Clotilde Jiménez Explores the Black Body and Queer Identity in "THE CONTEST"
Art

Clotilde Jiménez Explores the Black Body and Queer Identity in "THE CONTEST"

Using the boxer and bodybuilder as motifs.

1xRUN Releases Over 70 Exclusive Artist-Designed Skate Decks
Art

1xRUN Releases Over 70 Exclusive Artist-Designed Skate Decks

Featuring works by Cyrcle, Keyin Lyons and many more.

One-Third of U.S. Museums May Close Permanently Due to COVID-19
Art

One-Third of U.S. Museums May Close Permanently Due to COVID-19

According to a new survey released by the American Alliance of Museums.

International Artists Are Raising Funds to Protect the Amazon Rainforest
Art

International Artists Are Raising Funds to Protect the Amazon Rainforest

Organized by the Rainforest Foundation and UNITY.

Bianca Nemelc Is Painting the Fantastical World She Wants to Live In
Art 

Bianca Nemelc Is Painting the Fantastical World She Wants to Live In

The artist centers Brown female bodies in her work, with themes of sisterhood and feminism.


BELIEF Moscow's Pop-Up Celebrates Russian Street Artist Kirill Lebedev (KTO)
Art

BELIEF Moscow's Pop-Up Celebrates Russian Street Artist Kirill Lebedev (KTO)

In partnership with art gallery NOTFOUND.

Virgil Abloh and DGK Craft Limited-to-100 Camouflaged Skateboards
Art

Virgil Abloh and DGK Craft Limited-to-100 Camouflaged Skateboards

All proceeds will be donated to Saved by Skateboarding.

Apple Unveils Winners of 2020 iPhone Photography Awards
Art

Apple Unveils Winners of 2020 iPhone Photography Awards

British photographer Dimpy Bhalotia wins the 13th annual contest.

Damien Davis' New Artwork Honors George Floyd, Breonna Taylor and Other Black Lives Lost
Art

Damien Davis' New Artwork Honors George Floyd, Breonna Taylor and Other Black Lives Lost

Inspired by the iconic Black fist Afro comb.

Fotografiska New York's Anticipated Reopening Has Been Postponed (UPDATE)
Art

Fotografiska New York's Anticipated Reopening Has Been Postponed (UPDATE)

Those who purchased tickets will be given refunds or credit to reschedule visits.

More ▾
 
Subscribe to our Newsletter

Gain access to exclusive interviews with industry creatives, think pieces, trend forecasts, guides and more.

By subscribing, you agree to our Terms of Use and Privacy Policy.

Looks like you’re using an ad-blocker

We charge advertisers instead of our readers. Support us by whitelisting our site.

Whitelist Us

How to Whitelist Us

screenshot
  1. Click the AdBlock icon in the browser extension area in the upper right-hand corner.
  2. Under “Pause on this site” click “Always”.
  3. Refresh the page or click the button below to continue.
screenshot
  1. Click the AdBlock Plus icon in the browser extension area in the upper right-hand corner.
  2. Block ads on – This website” switch off the toggle to turn it from blue to gray.
  3. Refresh the page or click the button below to continue.
screenshot
  1. Click the AdBlocker Ultimate icon in the browser extension area in the upper right-hand corner.
  2. Switch off the toggle to turn it from “Enabled on this site” to “Disabled on this site”.
  3. Refresh the page or click the button below to continue.
screenshot
  1. Click the Ghostery icon in the browser extension area in the upper right-hand corner.
  2. Click on the “Ad-Blocking” button at the bottom. It will turn gray and the text above will go from “ON” to “OFF”.
  3. Refresh the page or click the button below to continue.
screenshot
  1. Click the UBlock Origin icon in the browser extension area in the upper right-hand corner.
  2. Click on the large blue power icon at the top.
  3. When it turns gray, click the refresh icon that has appeared next to it or click the button below to continue.
screenshot
  1. Click the icon of the ad-blocker extension installed on your browser.You’ll usually find this icon in the upper right-hand corner of your screen. You may have more than one ad-blocker installed.
  2. Follow the instructions for disabling the ad blocker on the site you’re viewing.You may have to select a menu option or click a button.
  3. Refresh the page or click the button below to continue.