Had the ESDC disclosed the terms of the Development Agreement that were being negotiated when the petitions were initially heard, or brought the Agreement to the court’s attention promptly after it was executed... the balance of the equities may have favored a stay..."
—New York State Supreme Court Justice Marcy Friedman*
BROOKLYN, August 29, 2012: Today, the Board of the New York State Liquor Authority voted to impose a 1:00 AM cut off of liquor sales at the Barclays Center arena. Forest City Ratner Companies and Levy Premium Foodservice had applied for a license with a request to be allowed to serve liquor until 2:00 AM. In stipulating the earlier cut off, SLA Chairman Denis Rosen acknowledged concerns from local residents that late night drinking at the arena would negatively impact quality of life in the mostly residential neighborhoods surrounding Barclays Center, and that the potential of the arena being used for private events could result in more late night drinking than has been described by Barclays Center. The decision by the SLA gives the Barclays Center applicants the ability to request a later cut off time in the future after experience with arena patron drinking has been established. Chairman Rosen made clear that such a future application by Barclays Center should be accompanied by community support.
New York State Court of Appeals denies ESDC and Forest City Ratner appeal of order to revisit 2009 Atlantic Yards plan
In a final defeat for the Empire State Development Corporation (ESDC) and Forest City Ratner Companies (FCRC) in their attempt to illegally extend construction of the Atlantic Yards project from 10 to 25 years, New York State’s highest court today denied their motion to appeal a July 2011 decision ordering a revisit of a 2009 modification to the plan and additional environmental analyses. ESDC and FCRC lost their previous appeal by a unanimous decision of the New York State Supreme Court Appellate Division. The denial by the New York State Court of Appeals means that the July order by Justice Marcy Friedman will stand, and the supplemental environmental impact study (SEIS) must proceed.
The BrooklynSpeaks sponsors expressed frustration with the Atlantic Yards Transportation Demand Management Plan (TDM), released today nearly six months after its initially scheduled announcement, and only four months before the opening of the Barclays Center Arena. The TDM as presented by Sam Schwartz Engineering emphasized marketing of transit use to prospective arena patrons over disincentives to drive, and reduced the scope of the demand management strategies previously agreed between Forest City Ratner Companies (FCRC) and the Empire State Development Corporation (ESDC) in December of 2009.
“Effective demand management is a lot more than advertising,” said Ryan Lynch, Policy Director of the Tri-State Transportation Campaign. “But the plan released today doesn’t even include the free subway fare for Nets ticketholders promised in 2009. The TDM assumes the public will bear the cost of adding transit capacity after arena events. Instead, the developer should be paying for service enhancements.”