The hearing concerns motions for summary judgment, as defendant Forest City wants most of the case against it dismissed, which would leave the plaintiffs far less likely to recover any major sums. At issue is Forest City's relationship with BUILD: how much was the non-profit was acting on the developer's behalf and as a "joint employer," a key legal test.
I'll write at length about the case at length tomorrow, but will first share some relevant items.
As I wrote 5/10/13, Forest City's attempt to distance itself from BUILD contrasts enormously with its use of the organization, and Caldwell, to establish community credibility. I presented five examples:
- FCR offered its offices to BUILD and others to organize the CBA, with Bruce Ratner thanking them for their support
- One of five amicus briefs backing the defense in the Kelo vs. New London eminent domain case London came from BUILD, joined by the Rev. Herbert Daughtry and the Carpenters Union.
- an advertisement featured Caldwell and other CBA signatories
- a TV appearance by BUILD's Marie Louis
- Forest City's provision of a p.r. spokesperson for BUILDBeyond these, of course, BUILD regularly supplied supporters to cheer for the project at rallies and to testify at public hearings. Caldwell numerous times cheered Atlantic Yards and referred to Ratner as like "an angel sent from God."
reported 6/19/06, BUILD sent a message to supporters that was not merely simplistic but thoroughly distorted the purpose of the meeting.
"Come out to support affordable housing, jobs and business opportunities for our community," the flier said. There was no mention of the MAS critique..
The flier went on to list the groups and political figures sponsoring the MAS session--groups that actually were careful not to endorse the MAS's conclusions--and declared that they are "trying to STOP Jobs, Affordable Housing And The NETS Arena and Opportunities from coming to our community. Over Fifty (50%) percent of Black Men in OUR Community are unemployed."
"Please come out and support the nets Arena and The Atlantic Yards Project," it continued.
This was clearly organized by BUILD, not Forest City. But BUILD was being paid by Forest City to remain active as an organization even though it was not pursuing its stated activity: job training.
In this way, it stayed relevant.