Mon, April 20: South Bronx vs FreshDirect Back in Court!

Where: Bronx Supreme Court – East 161st Street and Grand Concourse
When: Monday, April 20
8:30 am – Fliering/press conference ( 161st St. side of building)
9:00 am – Enter court (Room 405A, Judge Mary Brigantti-Hughes)
Can public land be used by a private developer with no public benefit? South Bronx Unite packed the courtroom as New York Lawyers for the Public Interest argue (with newly discovered (aka previously withheld) information) on a motion to renew to allow standing to sue on this important issue.

Emergency Rally in Opposition to Secret “Groundbreaking” Ceremony in the Dead of Winter

South Bronx Unite Calls for Emergency Rally in Opposition to FreshDirect at Harlem River Yard on Monday, December 22, at 9:00 a.m., as Company Plans Secret “Groundbreaking” Ceremony for its Diesel Trucking Operation in the South Bronx Environmental Justice Community Where 1 in 4 Children
Has Asthma
At 10:00 a.m. on Monday, December 22, FreshDirect plans to hold a secret “groundbreaking” ceremony at Harlem River Yard on St. Ann’s Avenue and East 132nd Street in the Mott Haven/Port Morris neighborhood of the South Bronx.  The move aims to pave the way for the development of a 500,000 square foot diesel trucking operation to be built on public waterfront land in a neighborhood completed blocked from its waterfront and already oversaturated with diesel exhaust and industrial facilities.  The company relied on a 21 year old environmental impact statement to assess the effect of the more than 1,000 diesel truck trips the company would make through the community every day.FreshDirect is thumbing its nose at nearly three years of community opposition to the project.  Just last month, hundreds of residents and local businesses and organizations testified in opposition to the project in the very first Bronx-based public hearing on the proposed $140 million subsidy package.  Among those who submitted testimony were Bronx Council for Environmental Quality, South Bronx Community Congress, Community Connections for Youth, South Bronx Farmers Market, The POINT Community Development Corporation, Bronx Climate Justice North, Bronx Clergy Round Table, Latino Pastoral Action Center and the National Latino Evangelical Coalition, as well as others from among the more than 50 organizations that support South Bronx Unite.
Tellingly, not a single local resident testified in favor of the project. FreshDirect’s planned ceremony takes place as historic city-wide actions challenge decades of unequal public policies in communities of color.
Unprecedented acknowledgement of the racial divide in air quality is taking place across the nation right now, with The Washington Post writing that “blacks and whites actually breathe different air.”Mayor de Blasio, who campaigned on promises to stop the FreshDirect deal and end the tale of two cities, has remained silent since taking office despite more than 400 phone calls and emails to his office by the community to stop the project.

It is nearly seven years to the day of when FreshDirect fired 85
immigrant workers and over a hundred fled just days before Christmas in 2007 following an immigration raid on the eve of a Teamster union vote of the employees.  The company was alleged to have tipped off immigration authorities.

While FreshDirect is courting support from Bronx representatives (and will be sponsoring the Christmas parties of several State
representatives from outside the district later in the week), City,
State and federal elected representatives from within the district
remain opposed to the project. U.S. Congressman José E. Serrano, State Senator José M. Serrano, City Council Speaker Melissa Mark-Viverito and City Council Member Maria del Carmen Arroyo have all called for a moratorium on all new development on the state-owned stretch of waterfront land, including with respect to FreshDirect, until a thorough analysis of the current uses and the disproportionate impact on the health of the community could be thoroughly studied and mitigated.

Mayor de Blasio, who campaigned on promises to stop the FreshDirect deal and end the tale of two cities, has not yet affirmed this stance since taking office despite more than 400 phone calls and emails to his office by the community to stop the project.

Press Release on Empire State Development Proposed Subsidies to FreshDirect

Over 100 Residents, Clergy, Labor Leaders and Health Professionals to Testify at Public Hearing in Opposition to Subsidies for Proposed FreshDirect Relocation to the South Bronx
Relocation Would Have Devastating Environmental and Health Impacts on Local Community
More than 100 residents, clergy, labor leaders and health professionals will testify on Monday evening in opposition to a proposed $10 million subsidy package to FreshDirect from the Empire State Development Corporation.  In total, FreshDirect is
seeking over $140 million in taxpayer subsidies for a highly controversial project that would subject South Bronx residents to the pollution, noise, and traffic of over a thousand additional diesel truck trips every day. The project would have devastating environmental and health impacts on a neighborhood where
one in four children already has asthma. The State subsidies would carry no mandate to create jobs. FreshDirect has thus far avoided local living wage requirements and posted openings that pay as little as $8.00 per hour.  Monday’s hearing in the South Bronx is the
first local public hearing on the proposed subsidy package in the three years the community has been fighting against the deal, with litigation against the project ongoing.  Last December, Fresh
Direct was forced to withdraw a $3.5 million Empowerment Zone (EZ) subsidy application when it became clear that the EZ Board of Directors , under the leadership of local Congressman Jose E. Serrano, would reject it.  In 2013, Mayor de Blasio campaigned heavily against the City subsidy while running for office but has not yet taken a decisive move since entering office.
“Today, the South Bronx community is proud to stand arm-in-arm
with labor unions, faith leaders and medical professionals in opposition to the allocation of taxpayer money to subsidize FreshDirect and the 1,000 diesel trucks it would bring through our community every day.  The fact that FreshDirect and the City have
attempted to push through this proposal by relying on a 21 year old
environmental impact study is a particular slap in the face when 1 in 4 of our children has asthma.  We were particularly
disappointed to learn that a few State representatives who don’t even represent our district are advocating for this diesel project to be cited in our community.  We remain confident that this
community will prevail and that we will stop FreshDirect.” –Mychal Johnson, Co-founder, South Bronx Unite; Board of Directors, Bronx Council for Environmental Quality
“More than 15 primary care physicians and nurses working and
living locally have submitted testimony against the subsidies for FreshDirect.  As a resident, physician and parent of a child with specials needs, I have seen firsthand the well-documented harms
diesel truck emissions have on vulnerable communities and individuals, such as children and the elderly.  This subsidy
package would allow FreshDirect to bring upwards of 1,000 diesel truck trips through my neighborhood every day and expose us to heightened levels of pollutants linked to cognitive and mental delays in our children as well as respiratory and cardiovascular disease.”
–Dr. Melissa Barber, Resident
“The health of our children and future generation is far
more important than anything else FreshDirect can offer.  There is no trade-off.  We as faith leaders have stood, and will continue to stand together with South Bronx Unite until the powers that be fully understand what’s at stake.” –Rev. Que English, Co-founder Bronx
Clergy Roundtable
“In my tradition to be saved is to be socially responsible and
accountable for our actions. Today we stand with the South Bronx community as stewards of the earth God has given us to live in and to raise our children with. I have to denounce any action on the part of FreshDirect that will poison the only air our children have to breathe.” Minister Danny Diaz, Executive Board Member of the National Latino Evangelical Coalition, Justice Fellow
Latino Pastoral Action Fellow, Micah Justice Fellow New York Theological Seminary
“FreshDirect is bringing pollution and poverty to the South Bronx,
two things we have plenty of already. The company has rejected calls to pay a living wage and is not required to create a single job to get this massive subsidy. We know how to create strong industries that breed prosperity, and this isn’t it. Community members are standing up and the Teamsters are standing with them.” – Dan Kane, President, Teamsters Local 202
“FreshDirect has requested over $140 million in subsidies while
their workers, many earning just $8.25 per hour, make wages that guarantee they will either have to find additional jobs to survive or require them to get additional subsidies for housing and food.” – Lily Kesselman Dunn, Director, South Bronx Farmers Market
“The FreshDirect relocation would significantly harm the health and quality of life of Mott Haven and Port Morris residents.
It is vehemently opposed by residents and community-based organizations in these neighborhoods and is unsupported by the elected officials that represent them. For these reasons, Empire State Development should reject FreshDirect’s subsidy application.” –Gavin Kearney, Director, Environmental Justice, New York Lawyers for the Public Interest

“FreshDirect is bad for the South Bronx on many counts: the
environment, social justice, transportation and food sovereignty. It leaves food on the doorsteps of the privileged and nothing but noise and fumes for those who lack access to healthy food.” –Tom Angotti, Professor of Urban Affairs and Planning, Hunter College, Graduate Center, City University of New York; Director, Hunter College Center for Community Planning & Development

Media Alert – Over 100 Community Residents, Advocates, Clergy, Labor Leaders, and Health Professionals to Testify at Public Hearing in Opposition to Subsidies for Proposed FreshDirect Relocation to the South Bronx

Over 100 Community Residents, Advocates, Clergy, Labor
Leaders, and Health Professionals to Testify at Public Hearing in
Opposition to Subsidies for Proposed FreshDirect Relocation to the South Bronx
Relocation Would Have Devastating Environmental and Health Impacts on Local Community

Monday, November 17, 2014 at 4:30 pm

What   |   Community advocates, clergy, health professionals and labor leaders will rally prior to giving testimony opposing a proposed $10 million FreshDirect subsidy package from the Empire State Development Corporation. In total, FreshDirect is seeking
over $140 million in taxpayer subsidies for a highly controversial
project that would subject South Bronx residents to the pollution,
noise, and traffic of over a thousand diesel truck trips every day. The
project would have devastating environmental and health impacts on a neighborhood where one in four children already has asthma. The State subsidies would carry no mandate to create jobs. FreshDirect has thus far avoided local living wage requirements and posted openings that pay as little as $8.00 per hour.  Monday’s hearing in the South Bronx is the first local public hearing on the proposed subsidy package and high turnout is expected.

When   |    Monday, November 17, 2014, 4:30 pm Press Conference, 5:00-9:00 pm Public Hearing

Where   |   Hostos Community College, 450 Grand Concourse, Bronx, NY 10451

Who   |   Press Conference Speakers (in formation):
South Bronx Unite
Bronx Clergy Roundtable
Teamsters Local 202
New York Lawyers for the Public Interest (NYLPI)
Resident Doctors
Land Use Experts

Contact   |   Stephanie Ramirez, 212-784-5704 or
Gigi Kwon, 212-784-5706 or

Public Hearing Nov 17 to Stop Cuomo From Giving FreshDirect $10 Million to Cause Asthma in the Bronx

Mon, Nov 17th, 5-9 pm;
4:30 pm Press Conference
Hostos Community College, Gymnasium 
450 Grand Concourse, C Building



And bring 5 friends/neighbors! We need everyone to turn out!
Cut and paste the below into an email, then print and bring it with you to the hearing to read it into the record.
SUBJECT: I oppose the proposed ESD $10 million subsidy to
To Whom It May Concern:
I oppose the proposed Empire State Development subsidy
package for FreshDirect because the project: (1) runs counter to the needs, desires and well-established development plans of the local community (with multiple residential rezonings and State open space proposed prioritization of the Mott Haven-Port Morris Waterfront Plan), (2) would have devastating environmental and health impacts on a community where one in four children has
asthma (as the company would bring upwards of 1,000 diesel truck trips through the neighborhood every day), (3) has no requirement to pay its workers a living wage (including for the more than half of its workforce that is not unionized), nor add any jobs despite promises made to the public, (4) violates the constitutional requirement that the state-owned land on which it is proposed to
be sited provide a public benefit and reduce truck traffic, (5) is inconsistent with efforts to protect the South Bronx waterfront flood zone in the wake of Hurricane Sandy, and (6) runs contrary to fair business practices – no analysis has been made of its impact on existing brick-and-mortar grocers nor on new entrants to the grocery delivery market; there is also no cost-benefit analysis
regarding the potential loss of jobs of Queens residents, nor on the ability of FreshDirect to stay and expand in its already-subsidized Queens location, which it disclosed would be the most economical option.
CLICK HERE for More Detailed Draft Testimony



I. Legal Updates – The ongoing litigation to stop Fresh Direct’s move to the Harlem River Yards continues! Newly disclosed information provides us with the opportunity to request renewal of our claim that the State DOT violated the New York Constitution by allowing land at the Harlem River Yard to be leased to Fresh Direct. We’ll keep you posted!

II. Mott Haven-Port Morris Waterfront Plan – Our community’s plan for the waterfront – which does not include FreshDirect’s diesel truck warehouse – has received overwhelming support from City and State agencies, Speaker Mark-Viverito and more than 200 residents and organizations. If you have not already done so, please submit your comments today in support of the plan – LINK HERE.


III. Continued Pressure on the de Blasio Administration – Mayor de Blasio has the power to stop this deal! More than 400 phone calls and emails have been made to his office asking him to stop this deal. If you have not done so already, contact his team today – LINK HERE.

IV. Harder for Mayor de Blasio to Give $140M to One Company in a Market Flooded with Alternatives? – This proposed subsidy has long been fought by New York grocers who see significant unfair advantage being given to one company. Now the market is being flooded with additional alternative delivery providers.

New York State Proposes Prioritization of the Mott Haven-Port Morris Waterfront Plan!


The Mott Haven-Port Morris Waterfront Plan was voted by overwhelming majority for inclusion on the draft list
of priority projects of the New York State Department of Environmental Conservation (DEC) Open Space Plan! Never before has our community had a priority project in the plan! The Open Space Plan serves as a blueprint for the state’s land conservation efforts, identifying priority open space projects for protection and guiding State Environmental Protection Fund investments. From now through December 17th, the public is being asked to provide comments on the plan via email (see below for draft text).  On October 22, a public hearing will also be held from 2:30-4:30 and from 7:00-9:00 at 47-40 21st Street, Long Island City.  After the public comment period is closed, DEC will review all comments on the proposed plan and issue a final plan of priority projects.

A: Bronx Kill Waterfront Park – site
of Native American settlement and burial ground; last significant open green space on the Mott Haven-Port Morris waterfront; lines the Bronx Kill waterway; directly connects to the Randall’s Island Connector”
B: Park Avenue Boat Launch and Waterfront Park  already
green space; one of the few areas with actual water access not blocked
by Oak Point Link rail; already being used as an ad hoc fishing and boat
launch site
C: Lincoln Avenue Waterfront Park
easily accessible by pedestrians; already being used as an ad hoc
fishing site; provides direct access to the waterfront; renderings have
already been prepared by local architects; MIT produced a plan for this
site in 2011
D: Alexander Avenue Extension of Lincoln Avenue Waterfront Park – easily
accessible by pedestrians; vacant and unused site; community blocked by
fence and guard; directly connected to Mott Haven antique district
E: East 132nd Street Pier – previously
a pier here (and even a floating pool in 1902); in the 1980s, a ConEd
explosion destroyed the pier, and the company never replaced it;
currently residents crawling through holes in the fence to fish along
the banks of the shore
F: Historic Port Morris Gantries -stands
as a reminder of NYC’s rich nautical heritage; in 1902, the gantries
fostered the development of a market, hotels and restaurants; recognized
by the Historic Districts Council during its “Six to Celebrate” program
on the basis of architectural and historic merit of the area; full
reviatlization renderings have already been completed
G: Mott Haven-Port Morris Waterfront Connecting Path – connecting
West to East – Melrose to Hunts Point – the waterfront connecting path
would weave through and around existing uses on the waterfront to
connect the six interrelated projects, and also connecting to the
“Randall’s Island Connector” near completion now
*     *     *     *     *     *     *     *     *     *







SUBJECT: I support the Mott Haven-Port Morris Waterfront Plan as a Priority Project for Region 2!

MESSAGE (draft): To Whom It May Concern:

I support inclusion of the Mott Haven-Port Morris Waterfront Plan as a priority project for the New York State Department of Environmental Conservation Open Space Plan.  This community-developed plan would provide underserved residents access to a public waterfront that, for decades, has been inaccessible. The plan is consistent with three rezonings on adjacent land, provides a logical solution to climate change effects on significant maritime industrial areas (SMIAs) and gives the community open space to counteract severe health consequences caused by an oversaturation of highways and truck-intensive businesses
in the South Bronx. These vacant coastal sites are located within a
flood zone, and if properly designated as protected open space, could significantly mitigate dangerous effects on the community of storm surge flooding of existing power plants and waste transfer stations along the South Bronx waterfront.  Each site has also been included as an area of significance in the Vision 2020 NYC Comprehensive Waterfront Plan, and several sites are currently proposed for elimination from SMIA designation.  These sites, all of which are government owned, are easily accessible by pedestrians, have recognized historical significance, are already being used as ad hoc fishing and canoeing sites and connect to bigger capital projects already funded and under development (like the Randall’s Island Connector).