UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
AMENDED COMPLAINT
99 CIV 1723{JES}
CYNTHIA NIBBELINK WORLEY JURY TRIAL DEMANDED
and HAJA WORLEY
216 WEST 122ND STREET, NEW YORK, NEW YORK 10027

VS.
MAYOR RUDOLPH W. GIULIANI; THE CITY OF NEW YORK;

City Hall, New York, N.Y. 10007.

THE NYC DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT,
100 Gold Street, New York, N.Y. 10038

THE NEW YORK CITY HOUSING PARTNERSHIP
1 Battery Park Plaza, New York, N.Y. 10004

SANTA FE CONSTRUCTION, DESMOND EMANUEL, C.E.O.
250 Park Avenue South, New York, N.Y. 10003


  CYNTHIA NIBBELINK WORLEY AND HAJA WORLEY HEREBY PETITION THE COURT TO STOP, IMMEDIATELY, THE TAKEOVER AND BULLDOZING OF THE PROJECT HARMONY, INC. "JOSEPH DANIEL WILSON MEMORIAL GARDEN" on 122nd STREET BETWEEN ADAM CLAYTON POWELL BLVD. AND FREDERICK DOUGLASS BLVD. IN HARLEM (Block 1928, Lots 23-122).This garden is not even scheduled to be auctioned IN THE NYC AUCTIONING OF COMMUNITY GARDENS IN MAY 1999. The J.D. WILSON GARDEN IS AMONG THOSE GARDENS PROMISED TO The New York City Housing Partnership for development of "affordable" housing, in reality, townhouses and condominiums no person of moderate income can "afford." If in fact the garden were scheduled for the May,1999 auction (exhibit 8c) we might have a chance to raise money to save it. We contend that the wanton bulldozing of gardens generally but of this garden in particular is cruel, inhuman, utterly inconsiderate of not only those who developed it over a period of fifteen-plus years, but of the immediate community it serves. Loading valuable and irreplaceable plant material in a dumpster, leaving the community here no benefit of  any true green space is not only environmentally foolish and dangerous, physically and emotionally damaging to the 1000+ residents in the immediate area, but is a true example of how governments, when they over extend their power, cause a city/state/nation to wither from within, to self-destruct. The people who founded the Joseph Daniel Wilson Garden were people of good will, who only wanted to better their community. They achieved their goals and were/are in process of developing THESE GOALS/PROJECTS even further. They were/are, democratically speaking, true community developers, who have donated their own time and money, NOT out of martyrdom, but for a cause they deeply believed in. Their belief is underscored by the several small grants they received over the years to further this development, and by the thousands of New Yorkers and others who admired their work and product, and frequently participated in the projects with them. Their efforts helped to stabilize their community and rid it of drugs.

    Furthermore, we believe THAT THE DESTRUCTION OF THIS COMMUNITY GARDEN VIOLATES ARTICLE IV, SECTION 4, OF THE UNITED STATES CONSTITUTION , WHICH ARTICLE GUARANTEES TO "EVERY STATE IN THIS UNION..." PROTECTION AGAINST "DOMESTIC VOLENCE", as such Article and Section are interpreted by Michael Diamond, Esq.:

MICHAEL DIAMOND, ESQ., FORMER ENFORCEMENT ADMINISTRATOR FOR THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, HAS ARGUED THAT "CARELESSNESS AND INDIFFERENCE TO THE ENVIRONMENT "HAVE AND DO RESULT IN "DOMESTIC VIOLENCE"; DIAMOND ASSERTS THAT THE DELEGATES TO THE CONSTITUTIONAL CONVENTION IN 1787 "CONSIDERED DOMESTIC DANGERS TO BE ‘MORE ALARMING THAN THE ARMS AND ARTS OF FOREIGN NATIONS.’" HE ARGUES, MOREOVER, THAT THE "FRAMERS OF THE CONSTITUTION CLEARLY INTENDED THE TERM ‘DOMESTIC VIOLENCE’ TO REFER GENERALLY TO THE INFLICTION OF HARM OR INJURY TO PERSONS OR PROPERTY ON A BROAD ENOUGH SCALE TO THREATEN SURVIVAL."(PAPER DELIVERED TO THE 1994 ANNUAL MEETING OF AIR AND WASTE MANAGEMENT ASSOCIATION, exerpted in Earth Island Journal, 1994)

    EXHIBIT #1. A NEW YORK TIMES EDITORIAL (JANUARY 14, 1999) CALLED THE MAYORAL DECISION TO BULLDOZE COMMUNITY GARDENS AN "ACT OF NEIGHBORHOOD VIOLENCE."

    EXHIBIT #2. AND ON FEBRUARY 25, 1999, BOB HERBERT OF THE NEW YORK TIMES QUOTED NO LESS AN EXPERT THAN RICHARD EMERY: "...GIULIANI HAS A VISION OF WHAT IS ESSENTIALLY AN UNCONSTITUTIONAL SOCIETY... . BUT IT’S AN IDEALISTIC, TOTALITARIAN VISION THAT TRAMPLES ON EVERYTHING A FREE SOCIETY STANDS FOR.. ."

    EXHIBIT #3. THE JOSEPH DANIEL WILSON GARDEN WAS CONCEIVED IN 1985, FOURTEEN YEARS AGO. IN THAT YEAR AN ELDER IN THE HARLEM COMMUNITY, JOSEPH WILSON-- ALREADY IN HIS NINETIES-- AND HIS TENANT, CYNTHIA NIBBELINK , STARTED THE FIRST (AND NOW ONLY) PROJECT HARMONY GARDEN. IN THE SUMMER OF 1986 WE RECEIVED OUR FIRST DONATION OF "OPERATION GREENTHUMB" MATERIALS.

    EXHIBIT #4. RECENTLY, JANE WEISSMAN, FORMER DIRECTOR OF GREENTHUMB, TOLD THE NEW YORK OBSERVER : "IN MY 14 YEARS AS DIRECTOR OF GREENTHUMB, IT WAS THE [CITY’S] UNOFFICIAL POLICY NOT TO PUT UP FOR SALE ATTRACTIVE, WELL-USED, AND WELL-MAINTAINED GARDENS."

    EXHIBIT #5. MAY WE RE-STATE HERE THAT THE J.D. WILSON MEMORIAL GARDEN IS NOT ON THE MAY ‘99 CITY AUCTION LIST.  IT WAS PROMISED, IN 1996, SHORTLY AFTER RFQ’S TO DEVELOPERS WENT OUT FROM NYC HPD AND THE NYC HOUSING PARTNERSHIP TO SANTA FE CONSTRUCTION,INC.( ONE OF THE ABOVE REFERENCED DEFENDANT). IT IS,THEREFORE, IN IMMEDIATE DANGER OF BEING BULLDOZED; MR. IBO BALTON OF HPD HAS INFORMED US OF THIS, ALTHOUGH HE/HPD WILL GIVE US NO EXACT DATE--MR. BOLTON TOLD US THE GARDEN WOULD BE BULLDOZED "EARLY IN MARCH." THIS HE SAID BY TELEPHONE THE THIRD WEEK OF FEBRUARY, 1999.

    OVER THE YEARS A TOXIC HEAP OF WEEDS, GARBAGE, DRUGS, AND PROSTITUTION WAS TRANSFORMED INTO A TINY FOREST OF MULBERRY, PLUM, CHERRY, AND PEACH TREES. DOGWOOD, FORSYTHIA, CHINESE EMPRESS, LILAC, HARDY HIBISCUS AND ROSE SHRUBS ALSO THRIVED, AS WELL AS NUMEROUS ANNUAL AND PERENNIAL FLOWERS, HERBS, AND VEGETABLES. THE GARDEN BECAME A CENTER OF LEARNING AND HEALING. IT HAS BEEN A SAFE HAVEN FOR CHILDREN AND ADULTS ALIKE.

    PROJECT HARMONY HAS WORKED WITH INNUMERABLE COMMUNITY AND YOUTH GROUPS: THE CITY VOLUNTEER CORPS; ADEUSA; THE FRESH YOUTH INITIATIVE; CASES; UNION THEOLOGICAL SEMINARY; STUDENTS FROM P.S. 144; NEIGHBORHOOD CHILDREN,WHOSE PARENTS KNOW THAT THEY ARE SAFE AND PRODUCTIVE WHEN WORKING IN THE GARDEN. THEY HAVE BECOME PROJECT HARMONY’S "DOERS"-- A GROUP OF WOMEN AND CHILDREN WHO HARVEST WHAT THEY GROW, PRESERVE IT, CRAFT FROM IT, AND SELL THE MERCHANDIZE/PRODUCE IN ORDER TO HELP OUT THEIR FAMILIES, PARTICIPATE IN PROJECT HARMONY’S MONEY MANAGEMENT PROGRAM, AND BEGIN THEIR OWN SAVINGS ACCOUNTS. OUR PURPOSE IS TO "TEACH THEM TO FISH" FOR THEMSELVES, AND TO HELP SECURE AND PROTECT THEM AND THE NEIGHBORHOOD AT THE SAME TIME. THE TREES, PLANTED THIRTEEN TO FIFTEEN YEARS AGO HAVE ACHIEVED MATURITY;THEY PROVIDE MUCH-NEEDED OXYGEN AND COOL SHADE IN THE HEAT OF SUMMER. THE GARDEN IS A NESTING PLACE FOR ROBINS, CARDINALS, WRENS, FINCHES, WHIPORWHILLS, AND MANY OTHER BIRDS. IT PROVIDES A FEAST OF FLOWERS FOR BUTTERFLIES. THEY ARE PRESENTLY THE ONLY SHADE TREES ON OUR BLOCK. THERE IS ALSO $4000 SUNSHED (GREENHOUSE & POTTING SHED) ON THE GROUNDS.

    EXHIBITS #6A--#6K. THE FOUNDERS, WITH HUNDREDS OF OTHER INDIVIDUALS AND GROUPS HAVE, OVER THE YEARS, SPENT THOUSANDS OF DOLLARS ON THE GARDENS AND GARDENING PROJECTS. THEY HAVE SPENT ENDLESS HOURS MAINTAINING THE GARDENS--SOMETIMES UNDER VERY STRESSFUL CONDITIONS, BECAUSE THEY BELIEVED THAT THEIR COMMUNITY COULD BE REVITALIZED, AND THAT THEY COULD MAKE A DIFFERENCE.THEY HAVE RECEIVED NUMEROUS AWARDS FOR THEIR EFFORTS--A "BIG BLOCK CLEAN-UP AWARD IN 1989; A TRUST FOR PUBLIC LAND AWARD IN 1991; TWO MOLLIE PARNIS AWARDS; A $`10,000 GRANT FROM THE NEW YORK WOMEN’S FOUNDATION; A $10,000 GRANT FROM THE BODY SHOP OF HARLEM; A CITIZEN’S COMMITTEE INTERGROUP AWARD AS WELL AS A BUILDING BLOCKS AWARD, AND TWO NEAP AWARDS, AND A DRUG-BUSTERS/CRIME STOPPERS AWARD, ALSO FROM THE CITIZENS COMMITTEE OF NYC. PROJECT HARMONY HAS PARTICIPATED IN THE CITYWIDE "BIG DIG," AND HAS WORKED CLOSELY WITH "THE GREENING OF HARLEM, " THE NYC
ENVIRONMENTAL JUSTICE ALLIANCE, AND OVER THE YEARS HAS WORKED WITH THE GREEN GUERILLAS AND THEIR "JUST FOOD" DEPARTMENT. PROJECT HARMONY HAS ALSO RECEIVED THE BOROUGH PRESIDENT’S DISCRETIONARY FUNDS GRANT, AND IN-KIND DONATIONS OF SOIL AND PLANT MATERIALS FROM THE NYC COUNCIL ON THE ENVIRONMENT.

    TO DESTROY THESE EFFORTS, THE EFFORTS OF WELL-MEANING CITIZENS WHO ONLY WANTED TO CLEAN UP THEIR NEIGHBORHOOD AND MAKE IT AT ONCE MORE PRODUCTIVE AND BEAUTIFUL, TO DESTROY THESE YEARS AND YEARS OF LOVING BACK-BREAKING WORK, THIS IS CALLOUS AND CRUEL; IT IS AN ACT OF VIOLENCE, A SEEMING EFFORT ON THE PART OF GOVERNMENT TO DESTROY THE PEOPLE THEMSELVES; IT IS TO SHOW A CARELESS INDIFFERENCE TO THE HEALTH AND WELL-BEING OF OUR COMMUNITY. POOR PEOPLE DESERVE A "PARK VIEW "TOO, WITH ALL ITS HEALTHFUL AMENITIES. TO DESTROY AND TO DISREGARD ALL THESE FACTORS IS "DOMESTIC VIOLENCE..."

    EXHIBITS #7A--#7D. AS IT IS, OUR CHILDREN, AS WELL AS ADULT RESIDENTS OF OUR COMMUNITY SUFFER DISPROPORTIONATELY FROM ASTHMA AND OTHER RESPIRATORY ILLNESSES. MOREOVER, THE NEW YORK CITY URBAN DESIGN STANDARD REQUIRES 2.5 ACRES OF OPEN/GREEN SPACE PER 1000 PEOPLE. OUR COMMUNITY FALLS FAR SHORT OF THAT AS RECENT STUDIES INDICATE."(REPORTS BY NYCEJA, Leslie Lowe, Ex. Director; State Senator Samson;Steve Frillman, Director, The Green Guerillas)

    EXHIBITS #8 A,# 8B,# 8C. IF THE GOVERNMENT OF THE CITY OF NEW YORK WERE TO USE THE TRULY VACANT LOTS ON WHICH TO BUILD, IN OUR COMMUNITY, THERE WOULD BE NO NEED TO DESTROY OUR GARDENS, OUR HEALTH, OR TO DESTROY THE WORK AND LIVES OF PEOPLE WHO FAITHFULLY VOLUNTEERED, ALL THESE YEARS, TO MAKE THEIR COMMUNITY LIVABLE. THERE ARE NOW, IN HARLEM, OVER 500 LOTS(EXHIBIT #9) WHICH COULD BE CLEARED AND USED FOR NEW HOUSING. PROJECT HARMONY, INC., ET AL ARE AND ALWAYS HAVE BEEN HOUSING ADVOCATES, BUT TO DESTROY A HEALTHFUL ECOSYSTEM WITHIN OUR NEIGHBORHOOD IN ORDER TO BUILD HOUSING WHICH COULD BE BUILT ELSEWHERE IS "NEIGHBORHOOD" AND "DOMESTIC VIOLENCE."

    IN THE EVENT THIS GARDEN IS, DESPITE OUR BEST EFFORTS, IS BULLDOZED, WE DEMAND DAMAGES/ RESTITUTION IN THE FORM OF:

    1. CAREFUL REMOVAL OF GREENHOUSE AND TRANSPORTATION OF GREENHOUSE TO ANOTHER GARDEN SITE, PREFERRABLY WITHIN HARLEM OR THE BRONX(OR ANY SUITABLE, PERMANENT SITE).

    2. CAREFUL REMOVAL OF AS MANY OF THE TREES AS POSSIBLE, ROOTBALLING AND TRANSPLANTING OF SAME.
 

    3. CAREFUL SALVAGING OF ALL OTHER GARDEN TOOLS AND EQUIPMENT.

    4. TREE PITS DUG AND STREET TREES PLANTED WITHIN THE NEXT SIX MONTHS ALL ALONG 122ND STREET BETWEEN FREDERICK DOUGLASS AND ADAM CLAYTON POWELL BOULEVARDS TO ENSURE SOMEOF THE HEALTHFUL BENEFITS TREES OFFER TO THIS EXPLODING RESIDENTIAL POPULATION.

    5. PLANTERS, SOIL, PLANTS AND SEEDS TO BE PLACED NEAR THE MULTIPLE DWELLINGS IN WHICH THE YOUTH CAN LEARN TO GROW AND TEND ANNUALS AND PERRENIALS, AT ONCE BEAUTIFYING THE LANDSCAPE.

    6. A SUM OF MONEY WHICH WILL GUARANTEE THAT THE VARIOUS GARDEN RELATED, SELF-HELP PROJECTS FOR WOMEN AND CHILDREN, WHICH PROJECT HARMONY, INC. HAS BEGUN, WILL CONTINUE FOR AS LONG AS THE GARDEN HAS BEEN A COMMUNITY RESOURCE(APPROXIMATELY FOURTEEN FULL YEARS). THIS MUST INCLUDE:
 

    IF ALL THE ABOVE DEMANDS WERE FULFILLED WE WOULD BELIEVE THAT JUSTICE HAD BEEN SERVED, ALTHOUGH OF COURSE THE GARDEN WOULD BE DEARLY MISSED. FOR THE GARDEN, A SMALL PARADISE HEALTHFUL IN SO MANY WAYS EVEN TO RESIDENTS WHO MAY NOT ENTER IT, TO BE DESTROYED, AND NO RESTITUTION MADE, WITH NO ATTEMPT MADE TO COMPENSATE THE COMMUNITY AND FORCING UPON THEM CONDITIONS (HIGH DENSITY LIVING WITH NO GREEN SPACE) WHICH TO US SEEMS CRUEL, UNJUST, UNLAWFUL, AND UNCONSTITUTIONAL.

CYNTHIA NIBBELINK WORLEY,
CoDIRECTOR, PROJECT HARMONY
216 West 122nd Street New York, New York 10027
HAJA WORLEY,
CoDIRECTOR, PROJECT HARMONY
216 West 122nd Street New York, New York 10027