In February 2018, a New York judge awarded $6.7 million to graffiti artists who sued the owner of buildings they defaced because he tore down the buildings. That decision was appealed by the owner, but on Thursday, the 2nd U.S. Circuit Court of Appeals concluded that the judge was correct, ruling the owner had violated the Visual Artists Rights Act of 1990.
In 2018, Federal Judge Frederic Block ruled against Long Island developer Jerry Wolkoff, who had permitted the “artwork” on his property, known as 5 Pointz, for decades, stating that Wolkoff was not sorry he had painted over the graffiti in 2013, torn down the buildings in 2014, and begun construction for two 40-story residential apartment buildings in 2015. Block said the penalty he assessed would not have been so exorbitant if Wolkoff had waited for the judge’s permission and demolished the art 10 months later than he did; that would have allowed artists to retrieve their paintings from the buildings.

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