Welcome to Friends of Piedmont Park
Updated Friday, August 1, 2008
ACTIONS
*Click here if you would like to make a donation to Friends of Piedmont Park
*Click here to sign or view the Friends of Piedmont Park online petition
*Click here to be added to our e-mail list for announcements and more
Click below to view:
*The proposed Master Plan for the Atlanta Botanical Garden (Large PDF)
*The Project Manual and Schematic Design for proposed deck (Large PDF)
*The proposed Plan for the North Woods Expansion of Piedmont Park
*The Architectural Drawings for the proposed parking deck
Who are We?
Friends of Piedmont Park, Inc., founded in the 1970s, is a 501(c)(3) non-profit, public interest advocate dedicated to preserving, protecting, and improving Piedmont Park, Atlanta's main city park. Our goal is to make the Park more enjoyable for today's park users and to protect the Park for use by generations to come. We are a public interest watch-dog for issues involving Piedmont Park's environment, green space, infrastructure, safety, and accessibility.
See our accomplishments.
Contributions to Friends of Piedmont Park are tax deductible under Section 501(c)(3) of the Internal Revenue Code.
Latest News!
Click here to read the AJC editorial!
Atlanta Journal Constitution Decries Judge's Ruling Against FOPP
An editorial in the Atlanta Journal Constitution roundly criticizes the ruling by Judge T. Jackson Bedford that Friends of Piedmont Park should pay the attorneys fees of the Atlanta Botanical Garden in the lawsuit involving the parking deck in Piedmont Park. The editorial begins with the statement "Participate in democracy at your peril." It ends with "There is no justice in fining those who are fighting not for money but for their vision of a publicly owned landmark." There are very good thoughts in between.
Judge Rules For and Against FOPP
On July 24, 2008, Fulton County Superior Court Judge T. Jackson Bedford ruled in favor of Friends of Piedmont Park on three portions of the SLAPP motion filed by the Atlanta Botanical Garden.
Unfortunately, the judge also ruled against the
group on two other portions of the SLAPP motion.
The Atlanta Botanical Garden claimed it was "frivolous" for Friends of Piedmont Park to sue under Georgia's sunshine laws that require Botanical public disclosure of records and under state and local laws that require competitive bidding on public projects - and the Garden lost on those three points. But Judge Bedford decided it was not proper for FOPP to sue under the requirement in the Georgia Constitution that the City receive substantial value when it transfers property or to contend that the parking deck deal involved an impermissible conversion of public parkland.
Three Prominent Organizations Oppose Botanical Garden SLAPP Action
Three influential First Amendment advocates have officially supported the position of Friends of Piedmont Park in the ongoing legal battle with the Atlanta Botanical Garden. On May 20, the Atlanta Journal-Constitution, the Georgia First Amendment Foundation and the ACLU filed a brief that convincingly demonstrated that there was nothing frivolous about the lawsuit that sought to force the Garden, among other things, to open its books and shine a light on the process that led to construction of a parking deck in the heart of Piedmont Park. Judge Jackson Bedford in Fulton County Superior Court will hold a hearing on May 23 about the Botanical Garden's SLAPP (Strategic Litigation Against Public Participation) request for $273,000 in attorney fees from Friends of Piedmont Park and its president.
In asking the court to deny the Botanical Garden's request for hundreds of thousands of sky-high legal fees, the three organizations say it was perfectly legitimate to ask a court to clarify how an organization could claim it is exempt from the Georgia Open Records Act when it operates on public land rent-free and is closely supervised by the Atlanta City Council. The legal brief also points out that the steep fees being sought seem to have but one purpose: to intimidate citizens from investigating or disagreeing with the Botanical Garden in any way.
Click here to see a copy of the brief
News leading up to current events
On January 17, 2008, the Atlanta Journal Constitution editorial board condemned the SLAPP (Strategic Litigation Against Public Participation) action filed by the Atlanta Botanical Garden against Friends of Piedmont Park and its President. The Botanical Garden is trying to get $273,000 in legal fees. The Atlanta Journal Constitution article is in the "Press" section of this web site, and as you'll see, the editors are concerned about powerful organizations using the courts to intimidate citizen watchdogs.
The newspaper also solicited an "Equal Time" response from the Botanical Garden's attorney Michael V. Coleman. Critical to the Botanical Garden's attempt to collect the legal cost of shielding its operations from the public is persuading the court that Friends of Piedmont Park filed a frivolous lawsuit. Instead of using an example central to FOPP's primary complaint - that the Georgia state attorney general agreed that there were valid questions about whether the Botanical Garden was subject to the state Open Records Act - Coleman creates spurious arguments, the better to easily knock them down.
The truth remains: It is anything but frivolous to seek clarification from a judge about where the public side of the Atlanta Botanical Garden's public/private role begins and ends. And it is anything but frivolous for citizens to voice their opinions when they believe things are not right.
P.S. Creative Loafing is also covering the story and has a blog about it. Check out the "Press" section of this website for the article by Thomas Wheatley.
Atlanta Botanical Garden Wants $273,000 in Legal Fees from Friends of Piedmont Park. In December 2007, the Atlanta Botanical Garden filed a claim for legal fees of $273,000 against Friends of Piedmont Park, its president, and the attorneys who represented them. This stunning price to keep taxpayers and citizens in the dark about how decisions are made affecting their own land is roughly the same as the expected cost of defending a death penalty case in Georgia!
Central to the Atlanta Botanical Garden's claim for fees is the unwarranted contention that Friends of Piedmont Park was "frivolous" in its attempt to secure a judge's ruling that the Botanical Garden must comply with open records laws. Frivolous? Hardly. Determining whether the Atlanta Botanical Garden, as a steward of public land, should be treated as a public agency is an important policy question. An impressive group of First Amendment advocates supports our position. Before going to court, Friends of Piedmont Park sought an opinion from the Georgia Attorney General's office on this issue. Initially the AG supported the position that the Atlanta Botanical Garden is subject to Georgia's Sunshine Laws and should turn over documents. Later, after our suit was filed and the AG's office consulted with Botanical Garden attorneys, the Department of Law wrote that "substantial questions remain as to whether the Garden is in fact covered by [the Georgia Open Records and Open Meetings Act]." By no stretch was it frivolous to ask a judge to resolve these "substantial questions."
Defending against this enormous threat is not cheap. Click here if you want to contribute to help Friends of Piedmont Park defend against the Atlanta Botanical Garden's outrageous legal maneuver, not to mention the broader principle that advocates of open government should not be silenced by the risk of punitive sanctions.
Click here for a copy of our legal answer to the Atlanta Botanical Garden claim. Click here for a copy of the Atlanta Botanical Garden motion requesting the $273,000 penalty. Click here for a copy of the affidavit of an affidavit on behalf of the Botanical Garden by Michael V. Coleman, Locke Lord Bissell and Liddell which explains the basis for the amount of the legal fees.
Judge Rules that Piedmont Park Conservancy is subject to Georgia's Open Records Act. On September 12, 2007 the judge in the parking deck lawsuit ruled that the Piedmont Park Conservancy is subject to Georgia's Open Records Act and must publicly disclose information. Unfortunately, the same judge ruled that the Atlanta Botanical Garden was not subject to the Open Records Act. Those two organizations had repeatedly refused to respond to FOPP's long-standing requests for information such as what studies they have done about health and safety risks involving the parking deck and how and why they chose contractors to build the deck without competitive bidding.
Atlanta Journal Supports FOPP's Open Records Act Request. A lead editorial by Mike King on August 17 in the Atlanta Journal Constitution supports the position of Friends of Piedmont Park that Georgia's Sunshine laws apply to the Atlanta Botanical Garden and the Piedmont Park Conservancy. The AJC urges those two organizations to comply with the law, saying that: "the Atlanta Botanical Garden and Piedmont Park Conservancy should concede they are carrying out a public function for the city and open up the pertinent records on the parking deck plan to public inspection. By not doing so, they leave the impression they have something to hide." Click here for a copy of the AJC editorial.
Important Hearing in Fulton County Superior Court on August 14!
Judge T. Bedford Jackson, Jr. held a hearing on the Friends of Piedmont Park motion which sought to force the Atlanta Botanical Garden and the Piedmont Park Conservancy to comply with Georgia's Government in the Sunshine Laws and to disclose to the public their records about their plans to build the parking deck in the interior of Piedmont Park.
Judge Jackson heard requests by the defendants to throw the parking deck lawsuit out of court.
On May 8, 2007 Friends of Piedmont Park filed a motion for summary judgment to require the Atlanta Botanical Garden and the Piedmont Park Conservancy to hand over to the public information about their actions involving Piedmont Park and to comply with Georgia's Government in the Sunshine laws. Those open government laws require governments, and organizations acting on their behalf, to make their records available to the public and to conduct open meetings.
We had asked for information from the Atlanta Botanical Garden and the Piedmont Park Conservancy (and the City of Atlanta) including: (1) whether they plan to hire contractors to build the parking deck without competitive bidding, (2) their studies on potential health and safety risks related to the parking deck, and (3) their discussions with real estate developers about allowing cars to drive through Piedmont Park to access the Amsterdam Walk shopping center.
The Atlanta Botanical Garden and the Piedmont Park Conservancy refuse to disclose the information, claiming they can keep their activities and information secret. We think the open government law is clearly on our side and the Georgia Supreme Court put it well when it said the "open government laws were enacted in the public interest to protect the public both individuals and the public generally from 'closed door' politics and the potential abuse of individuals and the misuse of power such policies entail."
Atlanta Botanical Garden Threatens to file a SLAPP Suit against the Plaintiffs
Three of the four plaintiffs challenging the parking deck in Piedmont Park will remain in the lawsuit despite the threat of a 'SLAPP suit' (strategic litigation against public participation) from the Atlanta Botanical Garden. The plaintiff who withdrew stated in a letter filed with the court on March 26, 2007 that his decision to sue was justified but that he was dropping out because of anxiety caused by the Atlanta Botanical Garden:
"I am 85 years old and have had some health problems over the last few years. Because of my decision to be a plaintiff in this lawsuit, on February 21, 2007 the Atlanta Botanical Garden sent a letter threatening to sue me personally if I remained in the lawsuit".
"the threats from the Atlanta Botanical Garden have caused me stress, worry, and aggravation. I am afraid that remaining in the lawsuit may cause my health to deteriorate".
"Dropping out of the lawsuit is very discouraging for me. I have lived in Atlanta since approximately 1945 and next to Piedmont Park since the late 1940s. I love the Park and the community in which I live. I have worked for many, many years to protect and improve the Park and my community. I opposed the Atlanta Botanical Garden parking deck from the first time I heard about it and I have actively supported implementing better solutions than the parking deck. I deeply regret that giving priority to my health requires me to withdraw from the lawsuit because of threats by the Atlanta Botanical Garden which I truly believe are baseless. My only consolation is looking forward to seeing the remaining Plaintiffs prevail, as I am confident they will."
Click here for a complete copy of Bill Lockhart's letter about his decision to withdraw as well as a copy the letter sent to the plaintiffs by the Atlanta Botanical Garden.
Proposed Changes to Pool/Bathhouse at Piedmont Park
The Piedmont Park Conservancy is considering making changes to the existing pool/bathhouse at Piedmont Park. The changes must be approved by the Atlanta City Council and the Mayor. The Conservancy has reconvened the Citizen Advisory Committee to participate in this process. On February 21, 2007, Friends of Piedmont Park submitted comments on the subject, emphasizing three points:
(1) The pool/bathhouse must remain a public facility, and it should host only a limited number of well-justified non-public uses.
(2) The goal of any changes must be to renovate the pool/bathhouse as a public swimming pool; the goal should not be to convert the pool/bathhouse to non- public uses or into a special event facility.
(3) The public should fully participate in decisions about changes to the pool/bathhouse.
Click here for a full copy of Friends' comments on the pool/bathhouse.
Lawsuit Filed to Stop the Parking Deck
In late February, 2007, the Atlanta Botanical Garden and the Piedmont Park Conservancy filed answers to the complaint filed by Friends. Both organizations deny that they are subject to Georgia?s Open Records Act and claim that they are entitled to keep their records secret and may withhold from the public information about the parking deck, including any studies they have done about health and safety risks related to the parking deck. They also claim they can award no-bid contracts for the parking deck and do not have to follow the laws requiring competitive bidding laws applicable to public projects. Even though both the Garden and the Conservancy operate parts of Piedmont Park on behalf of the City, they say they are private organizations and therefore not subject to these laws. They also say they are not denying the public access to park resources, even though they plan to do such things as charge admission to a 16-acre forest now freely open to the public, impose a fee to park in Piedmont Park (and keep almost of the money), and reserve much of the parking deck for paid visitors to the Atlanta Botanical Garden
On January 17, Friends of Piedmont Park and a group of Atlanta residents filed suit in Fulton County Superior Court asking that construction of the Atlanta Botanical Garden parking deck in Piedmont Park be halted while Georgia's and Atlanta's contracting and competitive bidding laws are enforced. The lawsuit raises four main objections (all of them focused on the plan of the Atlanta Botanical Garden and the Piedmont Park Conservancy to treat Piedmont Park as a private club rather than a public park):
- Contracts for the construction of the proposed 800-car, 6-story parking deck must be awarded in full compliance with Georgia's and Atlanta's public works laws, including contracting and competitive bidding requirements. At least one contractor, Atlanta-based Silverman Construction Program Management, has announced on its website that it was given contracts for project management duties for over $100 million of work related to the parking deck and improvements to the park and the botanical garden.
- The Atlanta Botanical Garden and the Piedmont Park must comply with Georgia's Open Records Act. Those two organizations groups are keeping secret: (a) their studies about potential health and safety risks if the parking deck is built; (b) discussions about trading property rights in Piedmont Park with Belt Line owner Wayne Mason to create access to the parking deck across the Belt Line; and (c) plans for selecting builders for the parking deck.
- The parking deck deal violates the gratuities clause in the Georgia Constitution, which prohibits governments from giving away public property to private entities without fair and adequate compensation.
- It is illegal to convert public parkland to private uses.
Click here for more information about the Friends of Piedmont Park lawsuit challenging the parking deck.
An Overview of the Parking Deck Problem
Description of the Proposed Parking Deck:
- Would be six stories high
- Would hold approximately 800 cars
- Is designed primarily to convenience patrons of high-end special events at the Atlanta Botanical Garden and Magnolia Hall
- Would cost approximately $1.75 per hour for parking, and probably more during large public events at the Park
- Would cost over $16 million, and a private donor has pledged to contribute much of that amount.
- Would accessed:
-From Monroe Drive by a 1/2 mile, two lane road cutting directly through the Park
-From Piedmont Avenue by a 1/4 mile, two lane road.
- Would require an extensive system of roads, turnarounds, drop off lanes, payment turnstiles, fencing, nighttime lighting, and other support systems in and around the Park.
- Would be north of Magnolia Hall and east of the current Atlanta Botanical Garden Visitors' Center
Summary Position of Friends of Piedmont Park on the Parking Deck
Friends of Piedmont Park opposes the plan of the Atlanta Botanical Garden and the Piedmont Park Conservancy to build a huge parking deck in the heart of Piedmont Park. We support better accessibility to Piedmont Park for all citizens--including those who want to drive to the Park--but there are far better solutions than the proposed parking deck. See alternatives proposed by FoPP. The location of the proposed parking deck will irreparably damage the Park and create public safety and health dangers. The parking deck:
Would produce noise, air pollution, and visual blight
Would destroy trees, vegetation, historic land forms, green space, and wildlife habitat
Would reduce the amount of green space in the Park
Would bring thousands of cars into the Park raising safety and health risks and serious conflicts between motor vehicles and park users
In the 1970's cars were banned from driving through Piedmont Park to make it more tranquil, to reduce conflicts between pedestrians and vehicles, and to return parkland to "park" purposes. To bring thousands of cars back into the Park would contravene these important goals, would create pedestrian-vehicle conflicts, and would destroy valuable sections of the Park forever. Plus, there are far better solutions than the parking deck and those alternatives would make the Park more accessible and more enjoyable for park users.
The proposed Atlanta Botanical Garden parking deck would violate key guidelines in the Piedmont Park Master Plan, including:
Improving accessibility to and within the Park, especially through public transportation and non-motorized vehicle options (pp. 22-23, 27-28)
Enhancing open green spaces (pp. 20-21, 23-24, 25, 27)
Minimizing vehicular conflicts with pedestrians, particularly by reducing (and ultimately eliminating) automobile access into the Park. (pp. 22-23)
Let's not pave paradise and put up a parking deck......
 How Can You Get Involved?
Contact Friends of Piedmont Park now to get involved.
Get educated on the issue. The Atlanta Journal and other local newspapers (see linked articles) have written about this debate over the past year.
Sign our petition to oppose the deck Friends of Piedmont Park online petition.
Voice your opposition by letter or e-mail:
Mayor Shirley Franklin, mayorfranklin@atlantaga.gov, http://www.atlantaga.gov/
City Council Members (especially your representative, the at-large members, and Mr. Jim Maddox, Chairman of Community Development and Human Resources Committee), http://apps.atlantaga.gov/citycoul/COUNCIL.HTM
A list of all the council members email is available on our FAQ page.
Ms. Diane Harnell Cohen, Commissioner of Parks, Recreation and Cultural Affairs, http://www.atlantaga.gov/Government/Parks.aspx, dharnellcohen@atlantaga.gov
Ms. Debbie McCown, Executive Director of the Piedmont Park Conservancy, dmccown@piedmontpark.org
Ms. Mary Pat Matheson, Executive Director of the Atlanta Botanical Garden, mpmatheson@atlantabotanicalgarden.org,
Dominique Huff, Managing Editor Editor, The Story, Editor@TheStoryGroup.com
Ken Edelstein, Editor, Creative Loafing, ken.edelstein@creativeloafing.com
Editor, Atlanta Journal Consitution, editor@ajc.com
Ryan Mahoney, Atlanta Business Chronicle, rmahoney@bizjournals.com
Andy Peters, The Fulton County Daily Report, apeters@alm.com
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