Legal and Ethical Opposition to the Demolition of Tony Dapolito Recreation Center
Dear Members of Community Board 2,
I write with urgency and absolute opposition to the proposed demolition of the Tony Dapolito Recreation Center, a designated landmark and a vital public space in Greenwich Village. The city’s attempt to justify its destruction by claiming that the building is beyond repair is not only a failure of civic responsibility but also a blatant violation of established legal protections under the New York City Landmarks Preservation Law and the Public Trust Doctrine.
1. Violation of Landmarks Preservation Law – Demolition by Neglect
The Landmarks Preservation Law unequivocally states that landmarked buildings must be properly maintained and prohibits “demolition by neglect.” This legal principle ensures that owners—especially the city itself—cannot willfully allow a historic structure to decay and then use that decay as a pretext for demolition.
The Tony Dapolito Recreation Center has been left in a state of intentional disrepair, a clear attempt to manufacture an excuse for its destruction. The city has failed to maintain this facility, refused to allocate resources for its proper restoration, and now suggests that replacement is the only viable option. This is not only unlawful but a direct contravention of the purpose of landmarking a building in the first place.
As the owner of a landmarked property, the city is legally obligated to repair, not demolish the center. Demolition by neglect has been successfully challenged before the Landmarks Preservation Commission (LPC), and this case is no different. LPC must be reminded of its duty to enforce compliance and compel repairs, rather than allowing willful neglect to be rewarded with destruction.
2. Legal Precedent – Penn Central v. New York City
The U.S. Supreme Court case Penn Central Transportation Co. v. New York City (1978) firmly upheld the right of municipalities to preserve landmarked properties, rejecting arguments that economic burden or speculative development potential could justify their destruction.
By invoking cost concerns as a reason for demolition, the city is attempting to sidestep this landmark decision, which explicitly determined that economic viability is not a justification for overriding landmark protections. The city’s refusal to repair the structure does not absolve it of its legal obligations—landmark designation exists to prevent precisely this kind of calculated neglect and destruction.
3. Public Trust Doctrine – Prohibition on Private Transfer of Public Land
The Tony Dapolito Recreation Center is not merely a structure—it is a public asset that has served New Yorkers for over a century. The Public Trust Doctrine, a legal principle that protects public resources from being transferred to private entities without legislative approval, is fully applicable here.
Any attempt to cede the land to private developers—particularly without a transparent and binding commitment to public use—constitutes an unlawful giveaway of public property. This doctrine has been used successfully to block similar land transfers, including in the recent New York State Supreme Court ruling against the privatization of public parkland at Pier 55 (2017).
The city’s refusal to disclose future plans for the land further suggests an intention to remove it from public use, a direct violation of the doctrine’s protections. Unless it can be categorically guaranteed that the site will remain fully and permanently in public hands, any proposed transfer to private developers must be legally challenged.
4. A False Promise of Development and Community Betrayal
The suggestion that a new facility at 388 Hudson will provide a “better” replacement is a bad-faith argument designed to obscure the real issue. This development is already significantly delayed, and any additional expansion will only create further obstacles, siphoning resources from affordable housing while providing no guarantee that a comparable public recreation facility will ever be built.
Destroying an existing, historically significant, and fully functional facility in exchange for an uncertain, unbuilt, and unfunded promise is indefensible. The community cannot and should not be expected to accept this bait-and-switch.
Final Demand – Repair, Don’t Demolish
The Tony Dapolito Recreation Center must not be destroyed. The city has both a legal and moral obligation to repair and restore this landmarked public resource rather than allowing it to fall victim to predatory development. Any attempt to push forward with demolition must be immediately halted until:
A full, independent structural assessment is conducted to explore repair feasibility, rather than relying on one-sided, self-serving city estimates.
An open and transparent community review process determines the future of the site with full public oversight.
The Landmarks Preservation Commission enforces its own regulations, compelling the city to uphold its duty to maintain—not demolish—this historic structure.
I urge Community Board 2, the Landmarks Preservation Commission, and city officials to act decisively to stop this reckless, unlawful destruction before it is too late. This is not just about saving a building—it is about preventing a dangerous precedent that would allow the city to systematically neglect and erase historic public spaces for private gain.
The community demands action. Will CB2 fight for the integrity of our historic neighborhoods, or will it stand by as the city exploits its own neglect to erase history?
I look forward to your response detailing how CB2 intends to protect this vital landmark and ensure that this public asset remains public, restored, and fully operational.