Residents of Forest Hills are growing increasingly frustrated and have decided to escalate their opposition to the local concert hall by filing a lawsuit against the New York City Police Department. They claim the police have unlawfully occupied their driveways, as reported by the Post.
The Forest Hills Garden Corporation (FHGC) initiated a federal lawsuit against the city, asserting that the police “unconstitutionally” took over homeowners’ properties for more than 30 concert days during the summer, just to boost revenue for Forest Hills Stadium.
“This isn’t really a dispute between the homeowners and the stadium,” said Katherine Rosenfield, a partner at the law firm representing FHGC. “It’s fundamentally about the city taking private property without compensating the owners.”
The FHGC, which has around 4,000 members, is seeking financial compensation for this alleged appropriation, with potential damages speculated to be in the millions.
Despite the FHGC rescinding the NYPD’s permits, police reportedly continued their presence on the streets during concerts to manage crowds and direct traffic.
This situation led to an arrangement where the NYPD eventually permitted concerts to occur without proper approval from the FHGC, which initially meant no concerts could go on as planned.
“This is a genuine issue. If this were happening on public streets, the event organizers would need to obtain permits and pay city fees, but because it occurs on our private road, neither the city nor we, the homeowners, benefit financially. Something feels off here,” Rosenfield elaborated.
Furthermore, the lawsuit highlights that the NYPD’s actions have effectively blocked driveways entirely, restricting access for homeowners, which has caused considerable inconvenience.
In a striking example, it was reported that an elderly woman, carrying numerous bags, was denied assistance by an officer and suffered an injury as a result, illustrating the impactful consequences of the situation.
While the NYPD has not addressed the charges directly, they maintain that their officers only oversee public roads. Meanwhile, some residents, like Jenna Kabuto, have opted to stay away from their homes during concert nights to avoid the stress of navigating through large crowds.
“Getting to Austin Street feels like a whole undertaking—going through security, pushing through 13,000 people… Sometimes, it just doesn’t seem worth it,” shared Kabuto, who is 33 and works as a public school teacher.
She expressed concern over the necessity to plan daily life around these events, questioning why private companies have such influence over the neighborhood.
Kabuto, who moved to Forest Hills Gardens in 2018, hopes this lawsuit will shed light on the disturbances the concerts create, especially since the stadium shares the grounds with a tennis club.
However, opinions within the FHGC are not unanimous. Former board president Mitchell Cohen criticized the lawsuit as “disgraceful,” arguing that it undermines community safety and signifies a conflict fueled by a few members against the broader will of residents who support the stadium.
Officials from Tiebreaker Productions, the company behind the concerts, declined to comment, and the mayor’s office has yet to respond to inquiries.
This lawsuit marks the third legal action taken by Forest Hills residents against Forest Hills Stadium and Tiebreaker Productions, following two prior suits focused on noise issues during concerts. The Department of Environmental Protection has reported several violations concerning noise levels this summer, lowering the count from 11 last year.
Both Tiebreaker and the Stadium have consistently stated their compliance with strict community guidelines, including a 10 p.m. concert curfew, and they assert they have substantial backing from non-FHGC members, including local retailers benefited by the concerts.
