Preservation History–and you are there! Guest blog by Ben Baccash

Preservation History–and you are there!  Guest blog by Ben Baccash

One of the regular readers of this blog, preservation consultant Ben Baccash, alerted me to a wonderful new archival resource that literally brings the oral arguments before the U.S. Supreme Court in the landmark Penn Central hearing  onto your desktop for your viewing pleasure.  What a treat.   Read and enjoy and thank you Ben!

Grand Central Terminal via Wikipedia.

“For preservationists, the U.S. Supreme Court Penn Central Decision of 1978 was a make or break
event.  Thanks to the skill of the New York City Law Department and the legal staff of the Landmarks
Preservation Commission, regulatory preservation in New York City and beyond was affirmed in that
case when it was decided that the denial of construction of a tower atop Grand Central Terminal did not
constitute a taking by the LPC.  This decision is integral to the study of preservation and while the case
law can be read and the facts gleaned therefrom, doing such sterilizes the passion on which the case was
based and immunizes the reader from the high stakes atmosphere under which preservation was
functioning and could have ceased to function at the time.

Thanks to The Oyez Project, preservationists who were not present at those proceedings in 1978
can experience them for the first time in a form other than the written word.  The Oyez Project
(www.oyez.org) is a multimedia archive that contains audio of the proceedings of the U.S. Supreme Court
since 1955.  The archive is searchable by keyword, year, and author of the majority opinion.  The audio of
the proceedings of each case is synchronized with its transcript and an indication of who is speaking at the
moment.

Preservationists will be most interested in The Oyez Project for its recordings of the astute oral
arguments and decision of the Penn Central case.  One is able to listen to Leonard Koerner, Esq.,
representing the City of New York, refute the claims of Daniel Gribbon, Esq., who represented the Penn
Central Transportation Co., and argue in defense of the Landmarks Law.  In addition, both lawyers
respond to posited hypotheticals and inquiries of the U.S. Supreme Court Justices, not to mention the
occasional bout of laughter or subdued chatter from the gallery.  Listening to the proceedings, in
conjunction with reading the transcript and the case law, provides the preservationist with a nuanced
understanding of the case and a fuller appreciation of the decision, its implications and, thankfully, the
outcome that never was.  This would not be possible without The Oyez Project and other resources like it.
The Oyez Project is an invaluable archival resource to preservationists.  To be able to listen to the
proceedings of the Penn Central Case is inspiring for members of the movement, new and old.
Technology allows us to experience this incredible historical event vicariously.  It is only right that a field
based on the stewardship of the built environment serve as a proactive steward of its own history and
continue to appreciate and record its own tale.  The Oyez Project should serve as a reminder that it is
imperative to document the history of preservation in many different forms and in a manner as widely
accessible as possible.  Ben Baccash”

If you are aware of an archival treasure that would interest preservationists, let me know!