Gothamist
A non-profit newsroom, powered by WNYC.
Gothamist
Listen Live
Arts & Entertainment
Graffiti Artists Hope For Precedent-Setting Victory Against 5Pointz Owner
By
Scott Heins
Published Apr 10, 2017
Modified Apr 10, 2017
Share
FacebookTwitterRedditEmail
Never miss a story
Email address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .
Gothamist
View all 8
By
Scott Heins
Published Apr 10, 2017
Modified Apr 10, 2017
Share
FacebookTwitterRedditEmail
We rely on your support to make local news available to all
Make your contribution now and help Gothamist thrive in 2026. Donate today
Gothamist is funded by sponsors and member donations
When the incoming residents of 22-44 Jackson Avenue move into their stony towers of brand new beige blah, they'll be building their FJELLSE beds on a graffiti burial ground. The new residential towers, made up of 1,000 market-rate apartments and 200 affordable housing units, are set to open in 2018. A federal lawsuit against property owner Jerry Wolkoff won't change that, but the artists behind the suit hope it will set a precedent for protecting street art.
The lawsuit stems from Wolkoff's 2013 whitewashing and destruction of 5Pointz, the sprawling warehouse graffiti hub that once stood on the Jackson Avenue property in Long Island City. Despite a ten year relationship between Wolkoff and the artists that used 5Pointz, Wolkoff allegedly provided no formal legal notice that he had sold the property and made it impossible for any of the building's graffiti, paste-up, and stencil pieces to be saved (although a few taggers did sneak in and give it a little fresh paint after the closing).
In a federal lawsuit filed quickly after the destruction of 5Pointz, Wolkoff is criticized for not providing legal notice of the upcoming demolition and the opportunity for artists to remove, or at least photograph, their works. Eric Baum, an attorney representing the 23 artists suing Wolkoff, told the Times that he plans to demonstrate to a jury that the works were "not vandalism, but rather work done with permission of the owner, by artists of recognized stature, and protected by law."
Amongst the artists suing Wolkoff is Jonathan Cohen, aka Meres1, one of the former curators of 5Pointz. Cohen has been extremely critical of the former 5Pointz owner since the destruction took place.
The lawsuit is being filed under the Visual Artists Rights Act of 1990, which has in the past allowed for the protection of public art of "recognized stature," even if it's on someone else's property (a great explainer of the VARA and its bearing in the 5Pointz case has been published at Artsy).
Wolkoff argued that the very nature of street art's creative destruction justified the surprise demolition, telling the Times, "They painted over their own work continually, and it goes on for years. That's the idea of graffiti. There were tens of thousands of paintings there, over the years, and they'd last for three or six or nine months."
He also claims the artists "knew for 10 years" that the building would be coming down.
Tagged
5 points
5 pointz
Jerry Wolkoff
street art
Scott Heins
Scott Heins is a freelance photo and video journalist based in New York City, and a frequent contributor to Gothamist + WNYC. His work often centers around labor rights, housing, and policing. In 2018-2019 he traveled to four states while covering a wave of public school teachers strikes, with work featured in The New York Times, The Intercept, Getty Images, Splinter, and Bloomberg Photos. Scott is a dues-paying member of the National Writers Union's Freelance Solidarity Project.
Read more
Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
MORE arts-entertainment
Inside the hidden chamber that controls Lincoln Center's magnificent fountain
Gothamist went behind the scenes to learn how the NYC landmark keeps its majestic waters flowing.
By
Sonia Rao
Published Oct 23, 2026 at 6:00 a.m. ET
In the algorithm age, NYC college radio DJs are still broadcasting the funky stuff
We dropped by WNYU to see what the next generation of radio DJs is up to. The answer is "Br00tal Beats To Study/Relax To."
By
James Ramsay
Arts & Entertainment
In the algorithm age, NYC college radio DJs are still broadcasting the funky stuff
We dropped by WNYU to see what the next generation of radio DJs is up to. The answer is "Br00tal Beats To Study/Relax To."
By
James Ramsay
A Queens prop shop shutters, bunnies find a home uptown, and more openings and closings
By
Hannah Frishberg
A new film invites you to eavesdrop on one of the greatest conversations in NYC history
By
Sonia Rao
The Knicks are NBA champions. Now they have to start dressing the part.
By
Sonia Rao
Never miss a story
Catch up on the most important headlines with a roundup of essential NYC stories, delivered to your inbox daily.
Sign upEmail address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .