Viral Video Ignites Fight Over Privately Owned Public Spaces

Brought together by a viral video, a dozen strangers met up in Midtown East on the evening of May 22 and took a seat on a set of concrete benches.

The seating lined the sidewalk in front of 780 3rd Ave. and was located in an area known as a privately owned public space (POPS).

POPS are spaces that are owned and maintained by private property owners. Though many of these spaces often blend into the urban architecture, there are several better-known POPS, such as Zuccotti Park in the Financial District and the pocket-sized Paley Park in Midtown.

Since 1961, owners have been able to enter into agreements with the city to open the spaces up to the public in exchange for zoning concessions such as bonus floor area. They must also adhere to standards set by the Department of City Planning, such as their visibility, amount of seating, and 24-hour access.

However, Wade, who asked his last name not be used due to safety reasons, had noticed violations of this agreement in the space in front of 780 3rd Ave. since last August.

Ivy grew over and onto the benches. Sprinklers turned on during prohibited hours and sprayed in the direction of pedestrians. Members of the staff disregarded plaques denoting the space’s status as a POPS and told him he wasn’t allowed to sit in front of the building.

Then, things escalated. Videos reveal some staff members yelling expletives and physical threats at him.

“You’re going to lose your life,” a video reveals one staff member saying to him.

When he saw staff members confronting others seeking to enjoy the space, Wade was fed up. “That sent me over the edge,” he said.

He decided to post the footage he had accrued on an Instagram account, @780_lord_of_bench, thinking maybe the issue could reach a couple more people. Instead, he went viral.

In the course of one night, a video posted on May 13 gained a million views. Now, it’s at nearly five million, with over 200,000 likes.

The footage had struck a chord. Instagram users flooded the comment section, denouncing the building and staff members.

One user, @mxtaliajane, commented: “do you think they realize what they’ve unleashed with this.”

His video wasn’t just reaching people in the city. Followers from Australia, Asia, and Africa took up interest in the issue.

“I have so many people saying they’re buying plane tickets and they’re going to come in,” Wade said.

People in the city and beyond were rallying behind him.

In violation

There are more than 590 POPS across the city, which, in theory, should add over 3.8 million square feet of public space to the city.

However, when the city comptroller’s office conducted an audit of these spaces in 2017, it found over half of the POPS were in violation of the city’s standards.

Some of these violations include hostile architecture, like spikes on seating, to deter homeless individuals. In other cases, the POPS had been blocked off to the public entirely.

Since the city often has bigger fish to fry, it’s hard for the city to ensure all of the POPS are adhering to standards. Furthermore, even if they do find out about a violation, the consequence is just a $5,000 fine.

Wade said staff members told him the request to deter people from sitting in front of the building was coming from higher-ups. In one video, one staff member is on video saying, “We have certain companies in there that they want to impress.”

In 2024, the building was bought by the real estate investment firm Sovereign Partners, which did not respond to Straus News’ request for comment. Some of the tenants of the building include VISA, AARP, and Chuck Schumer’s NYC office.

Wade, who works at a Marriott nearby, filed formal complaints with the city. But, he figured the best way to take action was to continue treating it like a public space and exercise his right to sit.

As his account reached more people, it became clear others wanted to join him. So, he decided to hold a meetup to do just that.

Grassroots action

For two hours on May 22, over 10 people joined Wade on the bench. Coming from different neighborhoods, the grassroots group was connected by their goal to keep POPS public.

One attendee, Colin Johnson, found out about the meetup through the viral account. Johnson, an artist and photographer who lives in Washington Heights, said it was right up his alley.

“I love a little bit of justice, a little bit of fun in the mix,” Johnson said.

Some stopped by to quickly express their gratitude towards Wade. Others stayed the whole time, discussing the other POPS in violation of city standards and envisioning how they could expand their action.

Chanese Elifé, another attendee, said she felt called to come because she didn’t want to be on the wrong side of history as a bystander.

“I just was so disgusted by how people were being treated for sitting on this bench,” said Elifé, a musician who lives in Harlem.

The group did get to celebrate a victory when one attendee reported that staff members were fired due to the conflict. Straus News confirmed the information with a member of the staff, who said that two people, including the Director of Fire Safety, were fired due to “disrespect to the public.”

Upon this news, the group cheered in triumph.

“We’re setting a precedent,” Wade said.

Though Wade says the situation has improved considerably since going viral, he still manages the account, which has continued to grow.

Users have asked for another meetup in the comments. Wade has responded, commenting that he plans to bring the community back together again in June, following the success of the first meetup.

“This is a fun little way to meet like-minded people and also stand up for something, even if it’s small,” Johnson said.