The fight over a community garden in Queens is getting thornier.
The attorney for the anti-Israel leaders of Sunset Community Garden in Ridgewood withdrew their state lawsuit against the city and the Parks Department — to make a federal case out of the issue.
Since last fall, Jewish Ridgewood residents haven’t felt welcome at Sunset Community Garden, thanks to the garden group’s pro-Palestinian rhetoric, which included a special section labeled “Poppies for Palestine.”
Incoming members are also made to pledge “solidarity with the oppressed and marginalized people” of Palestine” by the garden’s management.
The Parks Department wanted the group out by June 6 for “violat[ing] the terms of their license” with the “unconstitutional wording” of their “ideological litmus test” for membership, according to court documents.
The group responded with a state lawsuit in early June to block the eviction, and The Post was in the courtroom when attorneys for both sides met in court this month.
But Jonathan Wallace, the garden leaders’ attorney, withdrew the state lawsuit Monday, and told the city he plans to refile the case in federal court, a source said.
In a letter this week, the lawyer accused Judge Hasa Kingo of allowing the “scurrilous” New York Post’s coverage to guide his rulings in court.
“The plaintiffs in this case are a community group composed largely of trans people of color, many of whom are immigrants, and who share a powerfully-rooted moral opposition to the horrifying violence committed by a political entity, the nation-state Israel, against the people of Gaza,” the letter read.
“We could not be further from the ideals and goals stated by Justices Holmes and Brandeis when the Post appears to be influencing outcomes in judicial proceedings,” he added.
“As an old white, proudly Jewish attorney (something that in a 43-year career I never thought until now I would need to mention) I like and am content to be associated with” the garden leaders, Wallace concluded in his letter to Kingo.
Christina Wilkinson — a Ridgewood resident who worked to secure funding for the green space, but is now one of its most vocal critics — said the switch to federal court a “stall tactic,” and believes “Parks must now remove the violators and find a community partner that will make Sunset Garden an open and inclusive place for all.”
She added, “You have to love the irony of an attorney arguing that the City violated his clients’ First Amendment rights, then turning around and complaining about [a Post reporter] being present in the courtroom.”
Wallace did not respond to multiple requests for comment.
The Parks Department refused to respond to requests for comment.
The post Queen’s ‘Garden of Hate’ taking case to federal court, rips judge and ‘scurrilous’ NY Post coverage appeared first on New York Post.
