A New York City landlord dropped a lawsuit against a tenant who has displayed Confederate flags in the windows of his apartment.
The owner of the East Village apartment building apparently opted to pursue the matter outside of a courtroom, the New York post reported.
Landlord drops suit against tenant with Confederate flags https://t.co/ji89C998sw
— David Hale (@DavidHa51596823) August 21, 2017
“At this point, he feels it would be better to work it out with the tenant,” Robert Gumenick, the lawyer for landlord Charles Yassky, said.
The eviction lawsuit against the East Eighth Street renter, Will Green, was just filed Saturday in Manhattan Supreme Court and stated that the tenant “contractually gave up any free speech rights by his execution of the lease agreement, which bans objectionable conduct.”
In his rent-regulated $1,410-a-month, fifth-floor apartment, Green had allegedly displayed two Confederate flags from his windows, illuminating them at night with a spotlight, according to the Post.
“The conduct of the defendant in the wake of the recent activities in Charlottesville, Va., the president’s statements related to the same and public concerns make the defendant’s actions unreasonable in character,” the lawsuit argued. “This conduct is a prohibited, anti-social and intentional act that has no valid societal purpose and is not protected by any legal theory.”
Green’s flags reportedly prompted police to patrol the area after protesters gathered outside the building and a rock was allegedly thrown through a window. Green was accused of creating “a clear and present danger to the building, its residents and the community at large,” according to the lawsuit.
The building owner, who also owns other residential and commercial properties in New York and around the country, had tried to cover Green’s windows with tarps.
The Confederate flags in the East Village are finally getting covered up pic.twitter.com/i518FFi8LK
— Zach Mack (@zmack) August 18, 2017
“The building and its residents have expressed constant fear of physical attack and for their physical safety and well-being,” Yassky said in court documentation.
Green indicated in an Aug. 19 e-mail that he was in the mountains without cellphone service, getting some “sun and to see the eclipse.”
“I’ve had those flags up for over a year. I find all the alleged commotion while i’m on vacation a little suspicious. I’ll be back in the city on Tuesday, you can update me then. Whatever the drama, ‘this too shall pas.’ (like the eclipse),” Green wrote, according to the Post.
Neighbors had reportedly ignored Green’s displays in the past but recent tensions since the deadly rally in Charlottesville, Virginia have put residents on edge.
“It’s been there forever and no one said anything. Now it’s going crazy. Virginia is bringing more light and attention too,” resident Janet Brown told the Post.
Court papers had indicated that Green had a “history of unpredictable behavior,”allegedly throwing a television down the stairs once, playing offensive music and displaying German Cross flags. The renter once reportedly tried jumping from a window in an attempted suicide before being stopped by emergency medical workers.
Not surprisingly, Twitter users disagreed on who was in the right but many defended Green’s freedom to express himself and wondered if the reactions would be the same if tables were turned on the leftists.
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Another example of what I call “Dumb America”
— JC Cayo (@CayoMan) August 21, 2017
The lease agreement ‘should’ specify this type of window covering is not allowed; similar to putting up bedsheets, newspaper or garbage bags
— Plumbum ☮ (@plumbum821) August 21, 2017
The landlord wouldn’t dear sue if they hung up a #LGBT #AntifaTerrorists or #BLM flag
— Isaac Abraham (@abr601) August 21, 2017
Keep the flags up it is your right
— (Groovyruv) (@groovyruv) August 22, 2017
If the window said “kill all cops” would the landlord react and would people throw rocks at the windows?
— Matthew Hamlin (@matthamlin4) August 21, 2017
Of course, the tenant ‘MUST’ be mentally disturbed just because he has Confederate flags in the window.
More fucking PC bullshit.
— Legal Terrorist (@_Black_Hat_) August 21, 2017
Seems more than a stretch to call flag a “clear and press danger.”.
— davidrlurie (@davidrlurie) August 21, 2017
The landlord may not win that. Placing flags in windows is not what that clause is meant for. What if it was a BLM flag? Palestinian flag?
— Dave (@Dave_in_718) August 21, 2017
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Originally from New York, Powers graduated from New York University and eventually made her way to sunny South Florida where she has been writing for the BizPacReview team since 2015.
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