Friends of Piedmont Park responds to Botanical Garden — in legalese
January 10, 2008 at 5:26 pm by Thomas Wheatley in NewsFriends of Piedmont Park, the nonprofit park advocacy group that was one of the most vocal opponents against the Piedmont Park parking deck, responded today to the Atlanta Botanical Garden’s claim seeking $273,000 in legal fees after last year’s bitter Open Records dispute. The nonprofit group filed an answer motion to contest the garden’s claim that the entire brouhaha was “frivolous.”
We haven’t had the chance to sift through every word of the 34-page document, but Abramson says it states why FOPP thinks it was justified for testing the garden’s refusal to open its financial records based on its private, nonprofit status.
“It explains why the standard of being ‘frivolous’ was not met,” Doug Abramson, president of FOPP, said in a phone interview. “It was anything but ‘frivolous.’”
He calls the garden’s $273,000 claim an act of vengeance and a warning to other organizations against following its example. The garden says FOPP’s lawsuit forced them to divert money from exhibit and operations budgets in order to pay its lawyers.
We’ll stay on top of it. In the meantime, click here to peruse FOPP’s 34-page response to the garden’s $273,000 “request.” (Heads-up: It’s a Word document.)
January 11th, 2008 at 10:47 am
$275k?? Absurd. At $275 an hour, that’s a thousand hours – - they must have pretty dumb lawyers if it actually took them that long to figure out how to get rid of a nuisance suit. If the suit were truly frivolous, they could have filed for summary judgment a week after the suit was filed. And people who file frivolous lawsuits don’t have the Attorney General of the State of Georgia writing letters supporting their position.
This is nothing more than the Botanical Gardens’ attempt to slap down any citizen that dares to get uppity – - and actually ask questions about how they operate. The Garden occupies 30 acres of the most prime midtown real estate (land that was originally part of Piedmont Park, btw). For the use of that prime land, they pay the city the grand total of . . . . absolutely nothing. Zero. In return for taking more of Piedmont Park for the deck, the Garden is ‘giving’ the city 3.3 acres of Storza Woods. Hmmm, but the city already OWNS that land.
Throughout all this, the Garden has the gall to pretend that they are nothing more than a private organization, impervious to the most fundamental of citizen protections, the Open Records Act. And if you have nothing to hide, why do you need to spend $275k hiding it? The Garden is a nice place, and I’m glad the city has it. But they know enough to cater to their true base of support – - their wealthy donors and upperclass members. The rest is just lip service.
In the meantime, the Piedmont Park Conservancy ‘continues to raise funds’ for the North Woods expansion. Funny thing is, the North Woods expansion was originally approved more than ten years ago. They just needed to raise some money to execute it . . . . The whole “agree to the deck, get the North Woods†trade was a PR ploy from the start.
With the deck and access road construction underway, the only park improvement in sight is the $6 million expansion of the bathhouse – - largely to create a worldclass facility for (private) special events. Sure the bathhouse needs major work, but why not spend $2M? The bricked courtyards, skateparks and innumerable other structures planned for the North Woods can be built down the road. But $4M seems like plenty to make a major dent in clearing kudzu, installing paths, etc. – - all that is needed to expand the park’s GREEN space. Which is what I thought parks were all about.
January 11th, 2008 at 2:20 pm
I hope they bankrupt this guy. The garden makes this city a better place to live and people like Abramson are a joke trying to go after them.
January 11th, 2008 at 4:42 pm
I hope the garden goes bankrupt. They’re sucking down water like there’s no tomorrow to sprinkle the awful excuse they have for a tourist attraction. I took out of town visitors there once and was never as embarrassed. Anyone who thinks the garden makes Atlanta a better city doesn’t get out much.
January 11th, 2008 at 10:01 pm
The Atlanta Botanical Garden’s claim for legal fees is a malevolent attempt to retaliate against Friends of Piedmont park for shining a light on their elitist parking deck proposal. Friends of Piedmont park took a noble stand against an attack on our city’s premiere park and should be commended. Granted having the six story deck in the middle of the park will make it more convenient to attend an Atlanta Botanical Garden cocktail party, but is that worth killing trees, constructing an eyesore and filling our park with automobile exhaust? I don’t think so.
January 11th, 2008 at 10:15 pm
I am shocked someone would wish the garden “should bankrupt this guy”, especially considering that the Abramsons stood up for what they believed in, practiced their right to freedom of Speech, and fought a noble and respectable battle. We should respect their tenacity but instead we find that a Mr. John A. wishes ill to them, just for the mere sake that the garden supposedly does “good”. We have checks and balances in our system for a reason and the Abramsons exercised their rights as true citizens! And for anyone to wish ill on another should be reminded of the fact that what ever one does to another comes back to them ten-fold, good or bad. Yes Karma can be a Bitch, so watch out John A.!
January 12th, 2008 at 12:41 pm
What\\\’s all the fuss about open government? It\\\’s true that the Garden\\\’s directors do a lot of nasty business behind closed doors. But if that\\\’s the price to be paid in order to save a bunch of Costa Rican frogs, I for one am willing to pay it. Ribbit.
January 12th, 2008 at 6:47 pm
Enough already. Would the citizens of Atlanta please demand that Shirley Franklin get their land back. The ABG pays nothing for it and the citizens of Atlanta, the owners of the ABG property, are now being told we have no say in its usage. Doug Abramson and FoPP spoke for thousands of Atlantans and organizations across the country who questioned the use of public property and the boundaries of public-private partnerships. Individuals and organizations have every right to speak out and question the use of taxpayer dollars and property, whether we are marching or sitting in a courtroom. Mary Pat Matheson and the ABG need to get up and get out. They can take their parking deck with them.
January 13th, 2008 at 8:17 pm
In the CL companion piece to this article, “Nelly” claims that my wife and I are “wannabes.” My response to Nelly is: Guilty as charged. My wife and I are admitted “wannabes:â€
–We wannabe knowledgeable about what the Atlanta Botanical Garden is doing with our land and our park.
–We wannabe in the know about all potential safety and security risks related to the Piedmont Park parking deck and what the Atlanta Botanical Garden is doing to minimize those risks.
–We wannabe be able to exercise our First Amendment right to discuss what is happening to Piedmont Park without fear of retribution from the Atlanta Botanical Garden.
–We wannabe informed about how the Atlanta Botanical Garden selected contractors for the $16 million parking deck, and why the Botanical Garden didn’t competitively bid the project.
–We wannabe aware of what the Atlanta Botanical Garden does with the money they make from admission fees to the Botanical Garden and will soon make from fees at the Piedmont Park parking garage.
January 14th, 2008 at 12:59 am
I for one am extremely grateful for the likes of the Abramsons and Friends of Piedmont Park. Unfortunately there aren’t enough people these days willing to take a stand for what they believe in.
It is regrettable that the Atlanta Botanical Gardens has chosen to continue to tarnish their reputation by engaging in such a vindictive act as threatening those who choose to exercise the rights afforded them by our laws.
I am sickened by the fact that our beautiful PUBLIC park is losing almost 80 mature trees in order to construct this parking deck. I am outraged that we park-goers will lose FREE and open access to the Storza Woods.
And now we hear that because of the drought our beloved park will be off limits this year to the Dogwood Festival, the Pride Festival and the Peachtree Road Race. How is it that it was not off limits this past September, at the height of the drought, to the Piedmont Park Conservancy and its “green†concert?
Unfortunately, the only green that the Atlanta Botanical Garden seems to be interested in is that of the moneyed elite who want more and more of our PUBLIC park for their PRIVATE functions.
January 14th, 2008 at 4:44 pm
Enough is enough ABG…a $273K lawsuit?! You are now looking like vindictive fools more than you have the ability to believe. Word is that membership is down. Why is that? One by one, maybe just maybe, the people of this city are showing you that there is reason to doubt your leadership. This latest chapter in your existence history casts enough doubt in my mind to not want to renew my membership. I value my judgment in what I choose to support and I value the honesty and integrity of those to whom I give time and money. Your honesty with the people of Atlanta is in question and the motive behind your secrecy is suspect. More power to the Abramsons and FoPP for the honest, not frivolous, attempt to block the parking deck in Piedmont Park. More power to them for fighting for Open Records from the ABG that sits on public land and pays nothing for it. What does the ABG have to hide? Time will tell if the parking garage effort was worth it or not…if people will sooner than later be frustrated with the facility. And who is going to report the financial records and operations of the ABG portion of the garage if the ABG won’t report their own records to the people of the city? My only hope is that there will be someone with the courage and integrity of the Abramsons and FoPP to bring forth the truth. It’s doubtful that the City of Atlanta will.
January 14th, 2008 at 5:32 pm
It was necessary for FoPP to take the Atlanta Botanical Gardens to court to make them to act in accordance with the Open Records Act. The upstanding members of FoPP proved that they were not going to roll over and yield to the strong arm of the Atlanta Botanical Gardens. FoPP fought for the voice of the neighborhoods and the citizens of Atlanta. We should have a strong voice, we should fight for what we believe is right. This parking deck is NOT a good idea, and will NOT benefit the park in the long run. If the Piedmont Park Conservancy and the Atlanta Botanical Gardens is this unwilling to listen to the voices of their neighbors, I fear what will become of Atlanta’s greatest open green space.
January 15th, 2008 at 7:28 pm
What is the Botanical Gardens trying to prove? The FoPP and the Abramsons were doing good as usual… we would have a sewage treatment plant in our park if it wasn’t for brave people like them. They give their time and money to fight for what is right and what do they get in return? I’m concerned about the future of Atlanta’s great park, and after this intimidation tactic – who will be around to stand up to the powers that be?
January 16th, 2008 at 11:12 am
Good for the ABG. I’m so tired of these media whores.
Love the biased reporting from CL.
Look how sad Doug looks in the picture. He must really care!
January 16th, 2008 at 7:51 pm
Amen Peter! Afraid the FOPPS really lost this one.
January 16th, 2008 at 9:30 pm
It is simple…it is public land…we are the public and last time I checked
there is a thing called freedom of speech…you know…an amendment
to the Constitution in this country. I hardly think that frivlous.
Frivilous is the ABG use of outdoor watering while we can’t water our gardens.
Frivilous spending of that eyesore of a parking deck that is purposed.
Frivilous act of cutting untold trees for said parking deck.
I applaud the Abramsons for their valiant fight and making a stand and making people aware of this issue.
January 17th, 2008 at 10:40 am
Yes, by all means we should stop that frivolous deck. That way all of us in Midtown can keep the park for oursleves and force the people who drive there to clog the streets and block driveway in front of my home due to the lack of parking. Whatever we do, make sure we don’t make it easier for other members of the public to use our public park. BRILLIANT!!!!
January 17th, 2008 at 1:46 pm
Peter and Dale are right on the money!
January 18th, 2008 at 2:32 am
After removal of the surface lot, the deck will only add a net 200 spaces to parking at the part. Those will be PAID- – supposedly $1.75 an hour, but since they were going to be FREE when the deck was first proposed, who knows how much by the time it is actually in operation? Regardless, people aren’t going to pay to park until all viable free parking – - like that on your street – - is gone.
As for large events (Dogwood Festival, etc.), they attract 100,000+ people on a normal day. 100,000 vs. 200 spaces. Works out to 500 people per car. That’s some amazing carpoolin’. Oh – - – and the Garden has the right to close the deck to the public, and for their members use, whenever they want. Say for special events. Say, like during Dogwood?
Of course, if they abuse that privilage, you need only challenge them in court to make them comply with, at least, the Open Records Act . . . . . assuming you want to commit personal financial suicide.
Anyway, if you live in midtown, looks like people are still going to be parking on your street. That’s the same as people that move near the airport, and then complain about noise. Somebody blocks your driveway? That’s illegal – - call a tow truck. And start laughing.
Yes, the park needs better access. Cutting a road through the park (and across the beltline, at grade), building a 3 acre private, six-story concrete parking deck, privatizing 12 more acres of city land (Storza Woods) isn’t an answer. It’s a crime.
January 18th, 2008 at 10:07 am
I’m not complaining, just explaining. Your airport analogy is incorrect. The correct analogy would be that I moved to Midtown and then began an nitiative to make parking on the street illegal. I have not complained about parking on the street, only pointed out one of the benfits of parking.
Those events you mention are about 10 days a year. So your logic is that, because the deck would be overwhelmed on those days, it would not be worth it for the other 355 days.
Call a tow truck ? now I am laughing….. yeah, they just come running….. you have obviously never called a tow truck on a Sunday morning in Midtown. I took me four hours one day to get a car towed out of a space to which I hold the deed, much less some moron who squeezed into a space and is blocking a foot or so of a driveway.
If the BGl runs off the “urban campers” in those woods, I would CHEER the privatization of Storza Woods. I won’t go into PP woods because of what I saw the first two times.
I am curious, have alternative proposals for park acess and traffic managemnt been presented by FoPP or any other organization? If so, I have not seen them presented in CL or any other publication. Are there other proposals or just a bunch of opposition? I am genuinely itnerested, not being a smartass.
January 19th, 2008 at 8:29 am
Dale, the Friends of the Park group proposed some alternatives, many of which ended up beig supported by other groups. Interestingly, they supported more parking for those who wanted to drive, but they wanted locations at the edge of Piedmont Park, and thought the Botanical Garden’s idea of putting the parking deck in the interior of the park (with long roads bisecting the park to get to it) was asinine. They also supprted other, more sensible ideas. When I first heard about the parking deck issue, my initial inclination was to support the deck because I sometimes couldn’t find a parking space. But the more I looked into it, the more I saw that the Friends of the Park ideas made sense and I supported them. You can gop to their web site to see what some of their other ideas are (point 2): http://www.friendsofpiedmontpark.org/Pages/CurrentPosition.html
January 19th, 2008 at 11:34 am
Leigh – thanks for the link, I will check it out.
February 7th, 2008 at 7:36 am
I believe Mr. Abramson is confusing the First Amendment right to free speech with the issue of filing friviolous lawsuits. Mr Abramson and Friends of Piedmont Park (FOPPs) had 2 years to provide their comments and input (which they did vigorously and repeatedly.) Their opposiotion was heard, but the majority of neighborhood groups and city officials came to a different conclusion. The lawsuit (filed by FOPPS) was without merit and filed simply to delay the project and cost the ABG additional money. That is why two of the other plaintiffs dropped out of the lawsuit! Delay is the standard operationg procedure of FOPP’s. They successfully delayed the installation of the wonderful walking paths in Piedmont Park for over two years. The real grass roots efforts and support, is that of the PPC and ABG. FOPPS is a loud but very small group of disgruntled individuals who oppose everything the PPC or ABG try to do. Thank goodness the PPC and ABG can move forward with the much needed deck and the great 50 acre expansion of the Park.
July 24th, 2008 at 11:07 pm
This story will now need an update.