The Real Counterfeit

In January, Donald J. Trump was sworn in for his second term. In spite of the 34 felony convictions, two impeachments, and insurrection, he has emerged not just unscathed, but ascendant. Liberals highlighted the incredible contradiction his inauguration represented, noting how one of the questions on the US citizenship test asks: “What is the rule of law?”

There are four variations on the correct answer: “Everyone must follow the law. Leaders must obey the law. Government must obey the law. No one is above the law.” Biden’s preemptive pardons to members of his family, Trump’s pardoning of more than 1,500 convicted January 6 rioters, and countless other actions he has taken in the past three months further beg the question: as a fundamental principle of American democracy, does the rule of law still exist?

As one of the most counterfeited brands in the world, Louis Vuitton certainly believes so. The brand spends an enormous amount of resources trying to enforce anti-counterfeiting and intellectual property laws, arguing that doing so not only protects its own interests, but “human rights, the environment, and the global economy” at large (claims that rest on the fact that criminal networks are sometimes associated with the traffic of counterfeit goods).

Given all of Louis Vuitton’s efforts to enforce these laws, and the moral superiority it presumes in the process, it is incredibly rich (hypocritical, corrupt, loathsome) that the “scaffolding” of giant branded travel cases that currently covers its Fifth Avenue flagship store seems to skirt the law.

Scaffolding is the temporary system of metal pipes and mesh safety netting that covers buildings under construction, along with the sidewalk shed that protects pedestrians from falling debris. A familiar aspect of New York’s streetscape, it is also an undesirable and unsightly nuisance.

In September 2024, Louis Vuitton started constructing scaffolding around its Fifth Avenue building in anticipation of its renovation. A permit filed with the Department of Buildings (DOB) in November described a: “TEMPORARY SYSTEM SCAFFOLD AS PER DRAWINGS. SYSTEM SCAFFOLD SHALL COMPLY WITH CH #33 OF THE NYC BC.” Translation: this is a normal scaffolding installation that complies with all rules and regulations in Chapter 33 of the building code . . . Nothing to see here.

Six oversized travel trunks — complete with faux leather handles, chrome metal locks, gigantic metal rivets, and trompe l’oeil canvases plastered with larger-than-life Louis Vuitton monogram logos — now occupy the site. At night, bright white LED lights outline each trunk. During the holidays, a four-minute video of giant animals dressed in Christmas regalia traversing a snowy landscape was projected on the trunks every 30 minutes between 5 and 10 pm. Later in the video, the entire canvas was covered in an illuminated Louis Vuitton checkerboard.

Almost everyone walking along Fifth Avenue looks at the “scaffolding,” takes photos, or poses in front of it. On social media, the praise is widespread: “Amazing!” “Impressive!” “The most elegant scaffolding.” It proves “construction can be couture!” The Wall Street Journal called it “The Most Fashionable Scaffolding in the World.” The consensus seems to be that it is a fun, well executed, whimsical attraction.

Unsurprisingly, nobody seems concerned with Chapter 33 of New York City’s building code, “Safeguards During Construction of Demolition,” which details the specific requirements that the City has put in place in order to protect public safety. These include stipulations on the minimum distance from power lines, where materials can be stored, where fences and guardrails need to be installed, and for scaffolding.

Since November 2024, the DOB has issued several building code violations at the site. Some highlight how, although the City approved the scaffolding, the construction in question is actually an “engineered enclosure” that requires stricter safety checks. While normal scaffolding can be self-certified by a licensed engineer, engineered enclosures need to be reviewed by the DOB to ensure compliance and safeguard the public’s safety.

Another violation relates to the lack of a sidewalk shed, the ugly canopy that protects pedestrians on the sidewalk from debris falling from above. A sidewalk shed that was present during installation was removed after the structure was complete. It’s obvious that a sidewalk shed would ruin the effect of the stacked suitcases, but its absence reinforces a contradiction: this is a construction project that requires scaffolding, but it’s also not a construction project, so pedestrians don’t need to worry about giant pieces of stone falling from above.

Laws regulate the size, location, and type of signs and advertisements that can be installed across the city, to protect public space from commercial overreach. These regulations vary according to neighborhood, so while it’s perfectly legal to cover your building in large blinking advertisements in the middle of Times Square, you are not allowed to do so on a residential block in Park Slope. On this part of Fifth Avenue, a 20 by 10-foot sign would be allowed on each facade. But nothing more. And advertising is not allowed on scaffolding in any neighborhood. So, the suitcases also appear to represent “Unauthorized Use of Scaffold for Advertising,” another violation that was issued in December.

Is any of this really that big of a deal? The “scaffolding” has been perfectly safe so far, and people seem to enjoy it. If it is an “advertisement,” it is well executed, and visually interesting. It might even be a creative model for what scaffolding can be for other projects!

I was prepared to like the “scaffolding.” It’s different, strange, and accessible. Unlike the neighboring neoclassical buildings or even the contemporary Billionaires’ Row towers down the block, the Louis Vuitton suitcases are comprehensible to anyone who looks at them — and there’s something extraordinarily democratic about that.

But discovering the multiple violations put the “scaffolding” in a different light. What if someone simply wants to walk down Fifth Avenue without being bombarded with Louis Vuitton logos? What if one of the 5,000-pound handles were to fall onto a pedestrian below? What is the value of the advertising revenue that Louis Vuitton gains from its “scaffolding,” and is the City entitled to any of it? What is an acceptable fee to charge the world’s most valuable fashion brand for their advertisement on one of Manhattan’s most iconic corners? How many social worker salaries could it cover? How many public school lunches could it buy?

In recent weeks, several of the violations have been “resolved” or “dismissed,” according to the DOB’s dashboard. It is likely that those still outstanding will soon be, too. The penalty? Around $22,500, half the price of a “real” Louis Vuitton trunk.

Does the rule of law still exist? If the Louis Vuitton structure is scaffolding, why is it plastered with logos, and where is the sidewalk shed? If it is a sign, why is it bigger than the allowable size for that area? And wouldn’t most people consider this an advertisement, which is prohibited on scaffolding?

Whatever it is, it’s a counterfeit: scaffolding disguised as giant suitcases, an advertisement in the form of scaffolding, a custom-designed “engineered enclosure” instead of standard metal poles and mesh. As New Yorkers continue to pose for photos in front of it, and as we enter the third month of Trump’s new term, I can’t help but wonder if the rule of law is fake too.