Public Design Commission

Track upcoming Public Design Commission items at pdc.washingtonstreet.group →

The Washington Street Advocacy Group has long advocated for transparency and public participation in the New York City Public Design Commission, the body responsible for approving designs for structures, landscapes, and works of art on city-owned property.

Abolitionist Place and the PDC Lawsuit

In 2021, the NYC Department of Cultural Affairs ran a closed process to select an artist for the public art installation at Abolitionist Place park in Downtown Brooklyn — a site with deep historical significance as part of the Underground Railroad. The entire artist selection was kept secret from the public. When artist Kameelah Janan Rasheed’s abstract conceptual design was presented to the Public Design Commission, community members and historians — including Jacob Morris of the Harlem Historical Society and NYC Freedom Trail Foundation — objected that the design failed to adequately commemorate the area’s abolitionist history and that the public had been shut out of the process.

The first PDC hearing on the project was turbulent, with commissioners tabling the vote after significant public opposition. Rather than scheduling a second public hearing to address the community’s concerns, the Department of Cultural Affairs and the PDC colluded to deny a rehearing, pushing the conceptual approval through over objections.

Video of the contentious Public Design Commission meeting:

The Washington Street Advocacy Group supported the Harlem Historical Society and the NYC Freedom Trail Foundation in challenging this process. Attorney Daniel Hirschel filed an Article 78 proceeding on behalf of the Freedom Trail Foundation in January 2022 (NYC Freedom Trail Foundation Inc. v. Public Design Commission of the City of New York, Index No. 150659/2022, N.Y. County Supreme Court). The petition argued that the PDC violated its own procedural rules in approving the design without adequate public participation.

Judge Lyle E. Frank dismissed the petition, and a notice of appeal was filed in October 2022.

Notably, Kameelah Janan Rasheed later withdrew from the project — a sign that there were indeed serious problems with the process. The full costs of her work have not been publicly disclosed. A new artist, Kenseth Armstead, was subsequently brought on to replace her.

The Need for Public Tracking

One key lesson from the Abolitionist Place experience is that the public must closely track the Public Design Commission and the Department of Cultural Affairs in order to have any influence at all. These agencies operate with minimal transparency, and by the time the public learns about significant design decisions, the process is often already over.

That is why we created pdc.washingtonstreet.group — a tracker of Public Design Commission items that allows the public to monitor upcoming hearings, review proposals, and engage before decisions are made rather than after.

Court Documents

The full docket from NYC Freedom Trail Foundation Inc. v. Public Design Commission of the City of New York (Index No. 150659/2022) is archived below. The original filings are also available on NYSCEF (search index number 150659/2022).

Petition and Exhibits (Filed January 20, 2022)

1. Verified Petition
2. Exhibit 1 — September 1, 2021 PDC Determination
3. Exhibit 2 — 2019 Annual Report
4. Exhibit 3 — 2020 Annual Report
5. Exhibit 4 — January 19, 2021 Determination
6. Exhibit 5 — June 2021 Press Release
7. Exhibit 6 — Proposal
8. Exhibit 7 — Proposal
9. Exhibit 8 — Email
10. Exhibit 9 — RFP
11. Exhibit 10 — March 7, 2016 Determination
12. Exhibit 11 — NYC Cultural Affairs Agenda
13. Exhibit 12 — Willoughby Square Community Letter, January 2021
14. Exhibit 13 — Formal Presentation
15. Exhibit 14 — September 4, 2020 Public Agenda
16. Exhibit 15 — Email, September 16, 2021
17. Exhibit 16 — Email from Cultural Affairs
18. Exhibit 17 — Public Engagement Outline
19. Exhibit 18 — Standard Procedure to Reschedule
20. Exhibit 19 — Changed Description of Rescheduling Rules
21. Exhibit 20 — Conceptual Review Outline

Notice of Petition and Service

22. Notice of Petition
23. Request for Judicial Intervention
24. Affidavit of Service
25. Statement of Authorization for Electronic Filing

Respondent’s Cross-Motion to Dismiss (Filed April 8, 2022)

26. Stipulation — Adjournment of Motion, March 3, 2022
27. Notice of Cross-Motion
28. Affidavit in Support of Cross-Motion
29. Exhibit A — Affidavit of PDC Executive Director Keri Butler
30. Exhibit B — January 19, 2021 PDC Meeting Agenda
31. Exhibit C — Artist Submission
32. Exhibit D — Letters Submitted to PDC and Testimony Signup List
33. Exhibit E — January 19, 2021 Resolution
34. Exhibit F — Artist’s Revised Proposal
35. Exhibit G — September 20, 2021 PDC Meeting Agenda
36. Exhibit H — September 20, 2021 Resolution
37. Memorandum of Law in Support of Cross-Motion to Dismiss
38. No Fee Authorization

Adjournments

39. Stipulation — Adjournment, May 3, 2022
40. Stipulation — Adjournment, June 14, 2022
41. Stipulation — Adjournment, July 21, 2022
42. Stipulation — Adjournment, August 10, 2022

Petitioner’s Opposition (Filed August 21, 2022)

43. Memorandum of Law in Opposition to Cross-Motion
44. Affirmation in Opposition to Cross-Motion
45. Affidavit of Vinnie Bagwell
46. Affidavit of Jacob Morris, President of Petitioner
47. Exhibit 1 — Contract
48. Exhibit 2-a — Picture 1
49. Exhibit 2-b — Picture 2

Decision and Appeal

50. Reply Memorandum of Law in Further Support of Cross-Motion to Dismiss
51. Decision and Order on Motion
52. Amended Order
53. Notice of Entry
54. Notice of Appeal