Speer's Toothpick.. Today the paper of record carried a couple of stories about the new design for the "Freedom Tower" in downtown Manhattan. The minute people start talking about building monuments to freedom I get nervous. Generally, governments that build monuments to abstract concepts, like freedom, are actively engaged in taking it away from us and giving us the freedom tower as a tombstone.Appropriately, the proposed monument looks like something from the drawing board of Albert Speer, Hitler's architect. The best monument to freedom in this country is the law and impartial administration of justice and the rights it preserves and protects. Rights that this administration feels less and less compelled to uphold, and laws that it feels are outdated impediments to its imperial power. How can there be justice without a government that is bound by law? How ca n there be freedom without justice? Meanwhile, let's name that building downtown something else. How about WTC2?

U.S.C. TITLE 18 > PART I > CHAPTER 47 § 1001. (a) Except as otherwise provided in this section, WHOEVER, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully— (1) falsifies, conceals, or covers up by ANY trick, scheme, or device a material fact; (2) makes any materially false, fictitious, or fraudulent statement or representation; or (3) makes or USES any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title or imprisoned not more than 5 years, or both. (b) Subsection (a) does not apply to a party to a judicial proceeding, or that party's counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding. (c) With respect to any matter within the jurisdiction of the legislative branch, subsection (a) shall apply only to— (1) administrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch; or (2) any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the Congress, consistent with applicable rules of the House or Senate.

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Taking up space. The building next door to our garden needs to repoint their brickwork and wants to close one our 90th Street Garden gate and a quarter of the Public area 8 am-4 pm weekdays for about three weeks during the work. We found out about the scope of the project a scant three weeks before the beginning of our annual Tulip show. A large part of the Tulip display would have been in the closed off area. After a meeting at the Garden, the building agreed not to begin the project until later. So now we're negotiating for August dates and we would like them to contribute a sum of money to pay for new plants plus an amount to reimburse us for the loss of use of a quarter of our Public area Monday through Friday during the work. The building points out that if we were just another building they would not be expected to put up any money for stepping on our roof top, and any damage would be paid out of their insurance. They are right, but we are not a roof top. We are a Garden which can't wait several months for insurance to pay for lost plants and trees and shrubs. At this point, they have pretty much agreed to a small sum to replace lost plantings. It's the lost use of public space that is giving us problems. It's a hard concept. We are open daily, and the 90th Street gate and area to be closed during the work is the most accessible for the handicapped. Many disabled people come to the Garden every day, many pushed in wheelchairs or helped along by their Aides. They will not go around the block to the 89th Street Gate, they will just go someplace else, and after being turned away a couple of times many will stop coming to the Garden for this season. So what is the value of that? I'm having a hard time convincing the building that public access and public use of the space has value. I can point out that we will lose donations, but even that is hard to quantify. Our Corporate purpose, covenants running with the deed, and agreements with the City of New York all mandate that two thirds of the Garden be open to the public daily except during icy conditions. So what is the loss of a quarter of our Public Space worth? What is the worth to the 50 or so people who cannot walk around the block to a more inaccessible Gate, and how do we make the loss up to them? What is the value of the loss of pass-through egress to the hundreds of people that walk through the Garden daily on their way to work, or as a pleasant short cut while running errands? What is the value of open space to the public in a City anyway?

It takes a village to support a Garden... Well I've been distracted for the past month with our annual Garden benefit. The Garden needs about $30,000 a year to operate and maintain. We only charge $15 yearly dues, and $25 for members with vegetable plots, so you can see there is a constant fundraising component built into our continued existence. What does the money go for? Well there's utilities... right now Con Ed is charging us over 200 a month to light four lights. Then there's the tools, Newsletter costs, insurance, soil amendments, greenhouse supplies, plants and perennials that we buy, our annual picnics, the Arts Festival, and of course the costs of raising money. Finally, there is maintenance. Plumbing ( always a headache) brickwork at our gates, iron work on our railings and fences, sidewalk patching, doors to the two toolsheds, locks, keys, etc.etc.etc. We're open daily to the public so everything has to be maintained top notch. No one in the organization gets paid, but we have to pay our plumbers, ironworkers, and other craft people. Anyway, we raise money from grants- (too many to list here) booksales, neighborhood supporters and the annual benefit. It helps to be in an affluent neighborhood on the upper west side of Manhattan with good restauraunts nearby that donate food. Our members also make fabulous dishes- stuffed pork loin, shrimp appetizers with endive, spiral cut ham with plumsauce, asparagus with proscuitto, cakes and cookies. About 25 Garden members worked on the benefit this year- everything from setting lanterns the morning of the event, and working the food prep tables to designing the invitations in February. and inviting local officials and celebrities to be a part of our "Benefit Committee and Supporters" in January. Any way it's over, the garden is beautiful- and we can look forward now to our Shakespeare in the Garden Performances in July and August. Check out the website, westsidecommunitygarden.org for pictures of the Garden, membership forms and the latest schedule and coverage of events, and thanks to everyone who worked on this excellent Midsummer Revel.