“Harvest Dome 2.0” was made from 450 umbrellas and 128 two-liter bottles with the aim of inspiring the revitalization of the notoriously disgusting Gowanus Canal in Brooklyn. “It may have been garbage at some point, but it comes back and has a second life,” one of the sphere’s designers explained to DNAinfo. The difference is that their project wasn’t infected with human waste and gonorrhea, a.k.a. “black mayonnaise,” until it touched the water.
Acosta/CNN also argued a First Amendment violation of viewpoint or content discrimination. Judge did not end up having to consider this.