NEW YORK, March 19, 2001: CHARAS/El Bohio, a 22-year-old Manhattan community center located at 605 East 9th Street, received a setback in the form of a Byzantine decision handed down by a three-judge panel. Some fear that this decision may void a recent court victory against their landlord and longtime antagonist, real estate developer Gregg Singer. In February, a jury unanimously agreed that Singer, a former mortgage broker who now develops condos and shopping malls in New Jersey and Upstate New York, did not intend to comply with community facility use restrictions placed on the building at the point of sale. The March decision overturns Judge Lucy Billings’ prior court rulings on CHARAS, including her decision to grant CHARAS a jury trial in the first place. Further complicating matters, Judge Sara Lee Evans, who presided over February’s jury trial, never entered the jury's verdict. This may mean that CHARAS’ recent victory is now in question; in fact, in t! he eyes of the courts, it may never have happened.

Judge Evans has told lawyers for CHARAS that it is her practice to wait until she hears all post-trial motions before entering a judgement. Filing a judgment, while a clerical or ministerial act, is nonetheless essential in a case that is currently under appeal (which this one was–by Gregg Singer). This turn of events puts CHARAS’ lawyers in the surreal position of arguing to Judge Evans that she should enter the jury verdict. Lawyers for Singer are likely to argue that it is too late to enter the verdict, and that the higher court has ruled that CHARAS has no right to a trial.

A vital resource for artistic, community, and political groups on the Lower East Side and throughout New York City, the center was sold by Mayor Giuliani in July of 1998, despite agreements with previous administrations and vocal objections from the community. Since that time, CHARAS and its supporters have fought Singer in the courts and in the streets, facing both painful losses and inspiring victories.

To many, the center is one of the Lower East Side’s last bastions against gentrification and displacement. Standing in opposition to the forces of corporate globalization marching eastward in the form of chain stores and luxury apartments, CHARAS embodies the very things for which the Lower East Side has always been famous: ethnic diversity and cooperation, community self-help, a vibrant artistic culture, and radical politics. Then as now, the building has been a resource for countless individuals and groups seeking affordable space. To date, the center houses 16 artists’ studios, two performance spaces, computer classes, a Recycle-A-Bike program, dance studios, offices for the Ninth Street Theater and Great Small Works, and a public art gallery. Other programs in CHARAS have included addiction recovery programs and ESL classes. The space is also home to innumerable dance, theater, and community organizing groups.

The center’s 1998 sale resulted in an immediate community outcry, as well as organized efforts from celebrities and elected officials. The auction itself was faced with multiple instances of protest and direct action, including street theater, false bids, and the release by activists of thousands of live crickets. Despite all of this, CHARAS was sold to Singer.

As CHARAS sought to challenge the legality of the sale in state and federal court, community groups continued to agitate on their behalf. In April 1999, tragedy struck as CHARAS’ director Armando Perez was beaten to death outside of the Long Island City home of his estranged wife. Many people associated with Perez, including his widow, have faulted the murder investigations for being less than rigorous. Soon after, Singer had the colorful Latino murals festooning the facade of the building whitewashed–including one memorializing Perez. Then, he reportedly hired Howard Rubenstein, one of New York’s most prominent power brokers and public relations flacks, to silence related stories in the press.

Thinking his resistance silenced, Singer attempted to show the building. He was stymied by a surprisingly dogged and well-organized resistance. When he attempted to show the building to potential tenants, they were met repeatedly by picketers. Often, members of the Save CHARAS Committee would approach the space-seekers, many of whom had been misinformed about the building’s status, giving them press kits. In some instances the potential tenants left on the spot–in others, they scoffed at the ragtag, often small band of protesters, only to drop out of the bidding after receiving hundreds of phone calls and faxes from CHARAS supporters. A witness in February’s court case, the head of the Amsterdam Nursing Home, claimed to have been intimidated by protesters–but admitted under cross-examination that he backed out because of Singer’s high asking price. Indeed, at $32 a square foot, his rent is far out of reach of any of CHARAS’ current users–or any but the wealthiest non-profit organizations. When asked in 1999 why the developer wouldn’t negotiate a deal with CHARAS, Singer’s lawyers quipped that "[CHARAS] couldn’t afford it."

In recent months, CHARAS seems to have made an amazing recovery. They have reopened the Bimbo Rivas Theater in the building’s basement, opening it to performance groups including the 2000 New York International Fringe Festival. While the murals on the building’s facade remain obscured by whitewash and graffiti, its first floor now boasts colorful Latin murals on almost every wall.

Despite some setbacks, CHARAS has also prevailed in the courts, thanks in large part to the work of attorneys Catharine Grad and Alan Levine. Although a federal court determined that the Giuliani administration’s sale of the building was legal, in April 2000 a judge determined that Singer could not evict CHARAS without good cause, and in October 2000, a civil court ruled that Singer could not evict CHARAS without proving that he will maintain the building for community use. It was this stipulation that allowed CHARAS to prevail in their February case. It is not yet clear how March’s decision will affect CHARAS, but Levine insists that February’s jury decision still stands.

Referring to February’s case, Singer responded with characteristic sensitivity. He claimed that Grad and Levine were "just making a whole emotional thing out of this when the reality is, I bought the building... they have to get out. People are going to thank me for this. Right now that building looks like shit."

In addition to his recent appeal, Singer has also appealed the February decision. He is also suing the center for $600,000 in lost revenues. Meanwhile, CHARAS and its supporters continue to dig in their heels, hoping to force Singer to the bargaining table. Current director Chino Garcia has offered to pay Singer the $1 million down payment he put on the building, and to take over his remaining $2.15 million mortgage from the City–an offer Singer has refused. Their remaining option is to talk Singer down to an affordable price. As Levine has pointed out, Singer can easily make an enormous profit on 605 East 9th Street–even if he loses money on CHARAS.

According to Susan Howard of the Save CHARAS Committee, CHARAS will file an immediate appeal if Judge Evans chooses not to enter February’s jury verdict. Meanwhile, they are planning an action to be held at City Hall. For further information, call (212) 982-9446, email charas@erols.com, or visit freespeech.org/charas.