NEW YORK CITY, NY - A class action lawsuit filed earlier in August claims a high-end wedding and event venue has effectively hijacked a Midtown East public plaza located under the Queensboro Bridge, asserting the venue does so via erected barricades, no trespassing signs, and security assisted by the local NYPD precinct to oust unwanted locals.
On August 24, a class action lawsuit was filed naming event venue Guastavino’s, alongside property management entities associated with the venue and even officers from the NYPD’s 19th Precinct. The lawsuit alleges unjust enrichment and the creation of a public nuisance over profiteering endeavors achieved through effectively hijacking an adjacent public area, where venue staff and police would remove, and even arrest, so-called trespassers.
Numerous incidents are cited in the lawsuit dating back to the 2020 COVID era, including one allegation that a man using the public space near the event venue was ordered to leave by staff while he was outside exercising. Another cited incident involved an individual taking photographs of items he intended to sell online when event venue staff ordered him to leave the seemingly public area.
The controversy surrounding Guastavino’s has been making waves nationally and beyond in the weeks prior to the filing after a handful of videos published on Instagram went viral. In one, an individual who is party to the lawsuit showcased interactions with venue staff who threatened him with violence and officers from the 19th Precinct claiming Guastavino’s owned the public property because of allegedly illegal signage posted by the venue claiming it was privately owned.
The lawsuit relies heavily on documentation dating back over a century to when the parcel of land was purchased by the city in order to construct the Queensboro Bridge, with the plaza at issue repeatedly described as being meant to remain publicly accessible while nestled alongside commercial spaces such as Guastavino’s.
Yet, according to the lawsuit, Guastavino’s has not only excluded members of the public from enjoying the city-owned property while renting out its venue, the venue itself is still advertising as of this writing that “outdoor space” is available as part of its venue pricing for weddings and similar events. The class action suit sees this practice of advertising the publicly available space for event rentals as unjust enrichment, as the plaza was never the venue’s to rent out to begin with.
“Beginning in or around 2006, upon information and belief, Guastavino's and the Rose Group Park Avenue began to advertise, market and sell exclusive access to, and use of, the Plaza (which they market as their "private garden") to their clients seeking to hold weddings, bar mitzvahs, galas, corporate conferences, and other events in their adjacent event hall… the marketing and sale of the exclusive use of the Plaza allowed Guastavino's and Rose Group Park Avenue to profit from the Plaza by attracting more potential clients to book events in their adjacent event hall, convincing more clients to actually book events, and permitting them to charge those clients more than they otherwise would have been to charge,” the lawsuit reads in part.
Among the relief sought in the lawsuit, the plaintiffs are asking the court to demand an accounting of all the money Guastavino’s has made over the years directly from renting out the public plaza and to have those funds placed into a restoration fund to help preserve the public plaza in dispute.
Representatives for Guastavino’s shared a response with outlet amNY when asked for comment on the lawsuit, saying the establishment “acknowledges that this is a public plaza,” and that they’re trying to work with city officials to “come up with a path forward.” Meanwhile, City Hall and the NYPD have not commented on the pending litigation.
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