Lawsuit prompts deeper look at Amphitheater battle

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CHAUTAUQUA, N.Y. (WIVB) — Even on a snowy January day, the amphitheater has a way of calling Chautauquans into conversation.

It’s a sacred spot for many. Built in 1893, it serves as a place of worship and learning. The Amp has hosted Presidents, first ladies and legends. Every summer, it comes alive again.

“It’s the spiritual identity. It’s the soul of Chautauqua,” longtime homeowner Brian Berg suggested.

Understanding the lawsuit

The institution’s board wants to spend $40 million in private money to tear down most of the amp, and start over. Preservationists say not so fast. The “Save the Amp” organization and five home owners filed a lawsuit on Jan. 22 in State Supreme Court trying to stop the construction. The judge has sided with the plaintiffs — issuing a temporary restraining order, halting the project.

Berg has fought the project for the last two years.

“No one would have thought a historic place and community like Chautauqua could be doing this to their sacred space,” he told News 4 via Skype. Like many of property owners, Berg resides elsewhere and only stays at his home during the summer season.

DOCUMENT: See the Chautauqua Lawsuit here. 

DOCUMENT: See the petition to the Chautauqua Institution. 

DOCUMENT: See how the Institution responded to the petition and lawsuit.

“We know what’s happening here is not a repair. It’s a replacement,” he said. He believes the replica will ruin the reputation of the institution. “The place is a National Historic Landmark District, and the Amphitheater is the key building. It is the anchor of that landmark district.”

Berg started SaveTheAmp.org and has collected thousands of signatures. His group also consulted with independent architects and engineers who believe the building can be preserved.

“Ten-to-twenty million could be saved by a renovation that could meet virtually every programming need the institution wants,” Berg suggested.

The Institution’s stance

Chautauqua Institution President Tom Becker tells News 4 they started studying the future of the Amphitheater in 2011.

“I think what we’re doing is preserving the activity of this place,” Becker explained. “[Just] because there are people who oppose this, doesn’t mean that there are not people who are wildly in favor of this.”

He says they spent every week of every summer season listening and discerning what to do.

“We’ve been present in this community talking about the project all summer, every summer, for four straight years.”

The options, he says, are limited.

“You either go out, or you go up, or you go down,” Becker said, noting going down made the most sense.

Their goals include adding an orchestra pit, improving production opportunities, creating a safer community with more handicap access and improving sight lines.

Initially, Becker says, they planned to save the structure, but they ran into trouble.

“There wasn’t a way for us to hold the roof up and expand it, and ground it appropriately. We didn’t realize that until the fall of last year, and we struggled with what that meant.”

What it meant was a rebuild.

“There are people who say, see you knew that all along and you didn’t tell us and that’s frankly not true,” Becker explained.

Tour reveals facility’s challenges

“It gets the full effect of all the seasons here in western New York,” Jordan Steves, the Institution’s communication’s director, observed.

On a tour guided by Steves, a lone worker stood near the stage clearing snow. The structure has weathered the years and is certainly showing its age.

“This past spring we had a company called Old Structures Engineering out of New York City come and do some analysis of this structure as it currently stands. They’re worried about the integrity of the facility in the winter with a snow-load on the roof and winds,” Steves explained.

Workers already installed special braces to protect the roof. They’ll be removed in time for the summer season.

The area where the Massey Organ is housed would remain untouched under the Institution’s plan. Virtually everything else, including the roof, would be removed and rebuilt.

“It will be all new material, modern material,” Steves said.

What’s next?

State Supreme Court Judge Frank Sedita has scheduled a hearing regarding the lawsuit on February 1.

Becker feels confident the Institution’s plan will hold up in court.

“Frankly, I am proud of this decision [to rebuild]. I think this is the most important decision this institution has made physically since 1892, and is profoundly positive, aggressive statement about the future of this institution,” he told News 4.

Responding to the lawsuit, a spokesperson wrote, “…We have taken care to study the issues carefully and thoroughly, to proactively seek outside input and to make sure that all of our actions and filings comply with any and all requirements. We have acted with integrity and in a manner consistent with the mission and the values of Chautauqua. We are confident that we will prevail on this issue and we plan to keep moving forward with a state-of-the-art, renewed Amp that will serve Chautauqua Institution’s mission for the next century.”

Berg and his fellow preservationists also feel confident they will prevail.

“What happens at the Amp makes it unique and separates it from any other place. There’s no other place really like it. It’s not a spa. It’s not a resort. It’s a very hard thing to describe because it’s very unique,” he said.

Western New Yorkers and people around the county will be watching, as only one side will prevail.


Recent coverage on the institution:

Amphitheater plans put on hold due to lawsuit. 

Buffalo company wins bid to make $40 million rebuild of Amphitheater. 

Preservationists feud with organization over Amphitheater rebuild. 

Institution puts $40 million project out to bid. 

Amphitheater roof partially collapses. 

 

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