Sunset Garden of Ridgewood, Inc. and Indalesio Tellez have filed a lawsuit against the City of New York and several associated departments, alleging a discriminatory campaign aimed at suppressing their speech and dismantling their community garden. The defendants include NYC Parks GreenThumb and Carlos Martinez.
According to the complaint, the city targeted the garden because it is a Queer, Trans, Black, Indigenous, and People of Color (QTBIPOC)-affirming space. The plaintiffs allege that the city selectively enforced administrative rules and imposed demands for censorship, which ultimately resulted in the termination of their garden’s license. They claim these actions penalized them for expressing messages affirming QTBIPOC identities and opposing discrimination, in violation of the First Amendment.
The complaint describes a series of events beginning around September 2024, when complaints from a third party opposed to the garden’s identity allegedly prompted increased scrutiny from city officials. The plaintiffs contend this led to unfair treatment regarding their “Community Values” statements and a memorial altar dedicated to transgender activist Cecilia Gentili. The memorial, described as modest in size, was deemed an unauthorized installation by city officials, who allegedly did not take similar action against larger unlicensed installations without such messages.
The lawsuit also alleges retaliatory actions beyond the garden, including the cancellation of Tellez’s participation in a city conference panel after confirming they would speak about cultivating queer communities. Following media coverage influenced by city actions, the plaintiffs claim that garden members faced public criticism and threats.
The plaintiffs seek declaratory relief to reinstate their license and prevent further discrimination or retaliation, compensatory damages for emotional distress, punitive damages, and attorneys’ fees under federal civil rights statutes.
The plaintiffs are represented by attorney Jonathan Wallace. The case was filed in the United States District Court for the Eastern District of New York under Case ID 1:25-cv-04258.