Street artists win more rounds in battle with NYC
By The Associated Press,
freedomforum.org staff
08.13.01
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| Robert Lederman in 1998 |
NEW YORK — A federal judge has ruled that art vendors in New York City parks no longer have to purchase permits from the city, calling the requirement a violation of the city's code.
In an Aug. 7 decision, U.S. District Judge Lawrence McKenna said the city code unconditionally prohibits mandatory licensing for those who sell art and books, and that the Giuliani administration was in violation by requiring artists to purchase permits.
"Our efforts continue to make this city a place where artists can enjoy the freedom to create, display and sell their works," Robert Lederman, one of the artists, told The New York Times, "and this most essential of human freedoms can continue to be enjoyed by all New Yorkers."
The city would appeal the decision, said Robin Binder, a lawyer for the city.
The ruling affects street artists who display their work in parks or on adjacent sidewalks, including those at the Metropolitan Museum of Art, in Central Park.
Artists' Response to Illegal State Tactics, the organized artists' group that filed the suit, began a legal battle against the city in 1996. Since that time, the group has won similar rulings in state and federal courts. In its lawsuits, the group has contended that the city's regulations trample on artists' free-speech rights.
McKenna's ruling did not address whether the city's actions violated the constitutional guarantee of freedom of speech.
A.R.T.I.S.T.'s fight against the city escalated in 1998, when the city tried to regulate street artists outside the museum by issuing 24 of the $25 permits a month. Violators were arrested and fined $1,000.
The New York Times also reported that earlier last week a state appeals court upheld the decision of a lower court in dismissing criminal charges against two artists who were given summonses for selling artwork without a permit. City officials said they would also appeal that decision, The Times reported.
After last week's state appeals court ruling, city officials told the police to stop issuing summonses to artists.
Parks Commissioner Henry Stern said his department hoped to impose "reasonable regulations" of some sort.
"The unregulated commercial sale of art in public parks is inappropriate and intrusive," Stern told The Times.
The lawyer for A.R.T.I.S.T., Robert Perry, said his clients might try to get damages for the restriction on their livelihood while the city appeals.
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