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[Park Enforcement Patrol (PEP) memos we have obtained prove everything

stated below.]

The NY Times, Post and Daily News have now been evicted
from Union Sq Park and Battery Park.

The revised park rules defines newspapers as expressive matter and states
they cannot be sold outside of a medallion vending spot -
the spots set aside for artists in the revised park rules.
That's why these newspapers can no longer be sold inside Union
Square Park. These park rules are affecting artists, newspapers,
musicians, performers, political activists and even religious proselytizers,
all of whom now can only be located in one of the medallion vending spots.

During their depositions the top Park Enforcement officials admitted


all these people would have to compete for one of the 18 spots.

From the revised park rules:


>>Section 1. Section 1-02 of Title 56 of the Official Compilation of the Rules of the City
of New York is amended to add a new definition to read as follows: Expressive Matter.
“Expressive matter” means materials or objects with expressive content, such as
newspapers, books, or writings, or visual art such as paintings, prints, photography, or
sculpture.<<

From the Expressive matter FAQs on the Parks Dept website:


>>>Q. Who must follow these new rules?
The new rules apply to expressive matter vendors (anyone who sells
art, photography, reading material,
or sculpture whether original or mass-produced) who operate in City Parks.>>>

>>(3) Expressive matter vendors may not vend in the following general areas unless they
vend at the specifically designated spots for such vending on the accompanying maps and
in compliance with all other applicable Department rules:<<

A newspaper vendors cart, handtruck, display or other device is


clearly a “display” according to the rules.

Another internal PEP memo states that displaying without selling still requires
being in a medallion marked vending spot. That means that giving
a speech, handing out free bibles or distributing political literature for
free requires being in a medallion marked spot.

Based on local law 33, passed by the NY City Council in 1982,


no vending license or park permit is required to vend newspapers,
books or other written matter. This applies on the streets and
in all NYC Parks. In 1997 the written matter exemption
was expanded to include visual art by the ruling in
Bery/Lederman et al v City of NY.
The city attempted to circumvent the exemption in 1998 by creating
a parks permit for artists. The permit was overturned in 2001 in Lederman
et al v Giuliani. Mayor Bloomberg then attempted to circumvent
it again with Intro #160, which failed.
The revised park rules are the most recent attempt
to violate the written matter exemption. Aimed at artists, the Parks
Dept must nevertheless evict newspaper vendors from the 4 parks
in order to avoid a 14th Amendment Equal protection challenge.
That's exactly why the Times, Daily News and Post are no longer
allowed to be sold in these 4 parks.

The Smoking Gun in the Parks vs Artists Lawsuit


(It’s all about the real estate profits)

The City falsely claims that there were no vending rules in place
before the 2010 rule revision to use in order to regulate street
artists and other written matter vendors in NYC Parks. According to
the City’s court documents, and public statements by the Mayor and
Park Commissioner, they had to create the new rules banning artists
from close to 90% of the locations where they traditionally sold their
works, in order to protect public safety and Park aesthetics.

According to the Parks Commissioner, previous to the rule revision,


artists could just set up “willy nilly” anywhere they liked in Parks
and however they liked:

Commissioner Benepe interview on the day the revised rules were announced:
http://www.ny1.com/6-bronx-news-content/ny1_living/115958/vendors-critique-parks-
officials--new-rules-for-street-art

According to the Mayor, artists are “hot dog vendors” who imagine
themselves to be protected by the First Amendment. Listen to the Mayor
on his radio show the day of the Park rules hearing:
http://www.youtube.com/watch?v=AP8Oq5zsTsw

The Mayor further describes his desire to eliminate artists in this


recording made in City Hall and complains that the police have no time
to summons them:

Recording made in City Hall of Mike Bloomberg and Robert Lederman in


which the Mayor reveals his true position on street artists. The first
part of the recording is Lederman negotiating with NYPD security about
the use of the City Hall steps. The Mayor personally intercedes on
Lederman’s behalf at 2:40 of the recording:
http://www.youtube.com/watch?v=MK-H48IEuHE

In reality, the Parks Department has had numerous Park rules and NYC
vending laws in place for decades that they were already using on a
daily basis to regulate artists and other expressive matter vendors.
They’ve issued thousands of summonses to artists in the past few
years. Here are 3 of many pieces of evidence demonstrating this:

*(1) Proof that the entire stated purpose of the revised rules is a
false one. The existing park rules and NYC vending laws were already
more than enough to regulate artists and other written matter vendors.

From the 2010 public testimony of New Yorkers for Parks, a front group
for the Central Park Conservancy and the Parks Dept, that testified in
favor of the new rules:

"We recognize that regulations applying to vendors, including vendors


of expressive material, already exist, particularly relating, for example,
to where they can set up relative to Parks property and monuments,
walkways, or park entrances and to the permissible size of their
displays. New Yorkers for Parks supports the enforcement of the
existing regulations uniformly and fairly for both permitted concessions
and First Amendment protected vendors."

For the original document go here:

http://www.scribd.com/doc/57283015/DPR-Hearing-Expressive-Matter-Vendors-
Apr232010

*(2) Internal Parks Enforcement Patrol (PEP), NYPD and DCA memos
specifically describing the vending laws that were being used in NYC
Parks prior to 2010 on a daily basis:

http://www.scribd.com/doc/56731193/Parks-Enforcement-4-Artists

*(3) The top 3 Parks Enforcement officials have now testified


to the exact same thing under oath in their depositions.

This is the number one legal claim in the Park rules lawsuit;
that the revised rules can be revoked and there will still be more
than enough laws in place to regulate all expressive matter vendors.

If City officials are so obviously lying about the justification for


making these new restrictions on artists’ freedom of speech, what is
their real reason for evicting so many artists from NYC Parks?
It is totally about raising the real estate values of the residential
and commercial properties outside the 4 affected parks (Union Sq, High
Line, Central Park, Battery Park). While there is some economic
benefit to the City from doing this, the lion’s share of the benefit
goes directly to those with the closest financial relationships to the
Mayor and the Park Conservancies.

If you read the annual reports of the Park conservancies for each of
these parks (all of which are filed evidence in the lawsuit) you will
see how raising real estate values for some of NYC’s wealthiest
developers and property owners is the reason for banning artists from
these parks, and most recently, for banning classical musicians from
parts of Central Park. Here’s just one of many examples of this real
estate value boosting agenda:

* Parks used to enhance surrounding real estate values; a study by the


Central Park Conservancy:
http://www.ny4p.org/pdfs/reports/SupportingOurParksJune8.pdf
Or here:
http://www.scribd.com/doc/33087067/Supporting-Our-Parks-June-8
EXCERPT:
"The park [Central Park]
added $17.7 billion in incremental value to surrounding properties."

Excerpt:
NY Times June 5, 2011 The High Line Isn’t Just a Sight to See; It’s
Also an Economic Dynamo
“But on Friday afternoon, there was Mr. Giuliani’s successor, Michael
R. Bloomberg, proclaiming that preserving the High Line as a public
park revitalized a swath of the city and generated $2 billion in
private investment surrounding the park… Amanda Burden, the city’s
planning director, emphasized the boost to property values, saying
that in one building that abuts the lower section of the High Line,
the price of apartments had doubled since the park opened, to about
$2,000 a square foot.”

The kind of people who rent luxury apartments for $100,000 a month
don’t want to see street artists in “their” parks. Who must be
eliminated next to make our public Parks more profitable for the
City’s wealthiest real estate developers?

The “noise” complaints concerning Central Park’s Bethesda Fountain are


from people with multi million dollar Fifth Ave apartments who don’t
want to hear classical music unless it’s coming from their own stereo.

SEE: NY Times 6/5/2011 No Radios by the Fountain, Please! Or Cellos!


http://www.nytimes.com/2011/06/06/nyregion/musicians-protest-quiet-zones-in-central-
park.html

The complaints about art displays are from billionaire art collectors
who don’t want to see artists displaying their art in a nearby park –
unless a politically connected art dealer or a politically connected
arts foundation installs the art there. Mike Bloomberg lives right
across the street from where the artists sell outside the Met Museum.
He’s installing art he collects and approves of in parks all over NYC.

Park Conservancy and BID directors like Jennifer Falk, Danny Meyer,
Doug Blonsky and Joshua David, are making huge salaries, the money for
which comes directly from sprawling concessions of junk merchandise,
bars and restaurants that they install in the exact locations within
NYC Parks where street artists are now banned.

* Park conservancy salaries, concessions and corruption


http://www.scribd.com/doc/34344075/Park-Conservacy-Salaries-concessions-corruption

Artists, musicians and the public’s civil liberties are obstacles to


the Bloomberg administration’s version of “progress.” That progress is
all about raising the occupancy rates and rental price per sq foot for
buildings adjacent to these 4 parks.

As stated from day one on this issue, Adrian Benepe is a real estate
agent, trying to get the maximum price per sq foot for every inch of
these 4 public parks. It is not artists but the Parks Department
itself that is congesting these parks and creating a dangerous public
safety issue.
Robert Lederman
artistpres@gmail.com

Media coverage, evidence, background materials, videos of the ARTIST


protests, text of the Parks Department rules for artists

Link to text of revised Parks Department rules for artists as


published in The City Record on June 18, 2010:
http://www.nycgovparks.org/sub_about/rules_and_regulations/rr_rules_regulations.html
OR here:
http://www.scribd.com/doc/33230387/Parks-Dept-Rule-Change-for-artists-6-10-2010

Expressive Matter Vendors FAQ from Parks Department


http://www.nycgovparks.org/sub_about/rules_and_regulations/rr_rules_regulations.html
Or here:
http://www.scribd.com/doc/33234963/Expressive-Matter-Vendor-Faq
* Robert Lederman’s written testimony submitted at the Parks
Department hearing on 4/23/2010. Has numerous photos as evidence of
the real Parks Department agenda of privatization and concessions
replacing artists. Provides an overview of entire history of the issue
and this lawsuit
http://www.scribd.com/doc/32399532/Lederman-Testimony-Submitted-to-Parks

* Bloomberg on artists’ rights and free expression in NYC.


The Mayor lauds a Chinese artist who is now imprisoned for his
political views in one of the exact locations street artists are now
banned. Apparently, the Mayor did not realize that Ai WeiWei was
himself formerly a NYC street artist who left the US in disgust due to
the repression of artists’ rights he experienced on the streets of NY.
http://www.youtube.com/watch?v=tRlUeVoVXOI

**** NY1 News 03/27/2010


In his first public statement on this issue, Park Comissioner Benepe
blames Robert Lederman for new park rules
http://www.ny1.com/6-bronx-news-content/ny1_living/115958/vendors-critique-parks-
officials--new-rules-for-street-art

Also see it here:


http://www.youtube.com/watch?v=g0Gg95vrF8I

*2010 Holiday Vending Market in Union Square Park


http://www.scribd.com/doc/42641529/Holiday-Market-2010-USP

* Garbage left behind by 2010 USP Holiday Market


Evidence to prove in court that the Park rules were written
as a pretext to get rid of artists and replace them with vending concessions.
Public safety and park aesthetics are the very last thing concerning the
Parks Dept or the park conservancies that were behind the rules.

Photos
http://www.scribd.com/doc/46172874/Union-Square-Park-Debris

Video
http://www.youtube.com/watch?v=IC_mEixoJ7U

* Park conservancy salaries, concessions and corruption


http://www.scribd.com/doc/34344075/Park-Conservacy-Salaries-concessions-corruption

* Summary of the basic issue


http://www.scribd.com/doc/31614042/Parks-Department-vs-Street-Artists-With-Photos

***Who is really causing congestion in Union Square Park? Is it


artists or the Parks Department’s corporate events, vending
concessions and the Greenmarket? Watch these 2 comparison videos and
decide for yourself:

5/30/2010 Taiwan Festival in USP and artists


http://www.youtube.com/watch?v=yr4i_SHUj6I

5/22/2010 Greenmarket and artists in USP


http://www.youtube.com/watch?v=vRVsv_E1Iqc

* Sukkah City competition Union Square Park 9/19/2010 photos by R Lederman


http://www.scribd.com/doc/37732963/Sukkah-City-Competition-Union-Square-Park-9-
19-2010

Video of Sukkah City by R Lederman


http://www.youtube.com/watch?v=ur8xED6pwUY

Bloomberg and Sukkah City


http://www.scribd.com/doc/37885177/Bloomberg-Sukkah-City

*Union Sq Greenmarket violates all park rules for public safety


http://www.scribd.com/doc/33300320/Union-Square-Park-Green-Market-6-19-2010-by-
RL

http://www.scribd.com/doc/33894120/Evidence-File-4

* Union Sq Park Greenmarket maps


Compare the amount of space for them vs for artists
http://www.scribd.com/doc/33318520/Union-Sq-Park-GreenMarket-Maps

* Union Square Partnership solicits for corporations


http://www.scribd.com/doc/34643226/UNion-Sq-Partnership-Solicits-for-Corporations

*Parks Dept solicits for 55 more food carts in NYC Parks


http://www.scribd.com/doc/46764932/Specialty-Carts-235-RFP-FINAL

*Parks Dept solicits for even more food carts at the same time they
are trying to eliminate artists
http://www.scribd.com/doc/48376954/GreenCart-Solicitation-PARKS

* Parks Dept solicits for more tee shirt concessions


http://www.scribd.com/doc/54913668

* Solicitation for High Line food concessions


http://www.scribd.com/doc/54913666
* High Line book carts
http://www.scribd.com/doc/54913665

* Central Park survey on number of visitors IMPORTANT (shows that the


Central Park Conservancy not artists is causing any increase in
congestion)
http://www.scribd.com/doc/54913660

* Union Square Partnership BID promotes 60 restaurants, 20 wineries


where artists now banned
http://www.scribd.com/doc/36010343/USP-Restaruant-Promo

*High Line now to include bars


http://www.scribd.com/doc/54781818/Get-Drunk-on-the-High-Line-This-Summer-With-
Colicchio

* Park privatization expose


http://www.scribd.com/doc/36086576/Park-Privatization-Expose

*Parks Department Exploits Public Monuments to Advertise NBCTV Show


http://www.scribd.com/doc/46410640/Monuments-Used-for-Advertising-by-Parks

*Central Park Conservancy selling the exact same merchandise they


arrest hundreds of vendors for selling
http://www.scribd.com/doc/47599220/CP-Conservancy-GIFTS

*National Guard recruitment USP 6/29/2010


http://www.youtube.com/watch?v=zsGdW2OkRxs

* Corporate promotions part A USP 6/29/2010


http://www.youtube.com/watch?v=dIAkL3V2IqM

* Corporate promotions part B USP 6/29/2010


http://www.youtube.com/watch?v=B7tghq1sJyw

* High Line-TARGET fashion show


http://www.scribd.com/doc/36010575/HighLine-Target-Fasion-Show

* Lederman v PEP officers Union Sq Park 7/3/2010


http://www.youtube.com/watch?v=2J0QDABS8r0&feature=related

* Marked spots for artists in Union Sq Park are both illegal


(according to the new park rules) and totally useless for vending
http://www.scribd.com/doc/33889545/Evidence-File-5-Mock-Set-Ups

* Three videos of marked vending spots in Union Sq Park showing that


they are unusable
http://www.youtube.com/watch?v=HDHJT8J4CsA

http://www.youtube.com/watch?v=iiqf9pQ8FX0

http://www.youtube.com/watch?v=CrEjTl7xGaA

*Union Square Park Evidence files by Miriam West


http://www.scribd.com/doc/36736065/Evidence-File-15
http://www.scribd.com/doc/36737634/M-West-Evidence-File-1
http://www.scribd.com/doc/36737585/Evidence-File-13-2
http://www.scribd.com/doc/36737504/Evidence-File-12
http://www.scribd.com/doc/36737500/Evidence-File-11
http://www.scribd.com/doc/36737452/Evidence-File-10
http://www.scribd.com/doc/36737433/Evidence-File-8B-7-28-10
http://www.scribd.com/doc/36737385/Evidence-File-8A-7-28-10
http://www.scribd.com/doc/36737378/Evidence-File-7
http://www.scribd.com/doc/36737366/Evidence-File-5-Mock-Set-Ups
http://www.scribd.com/doc/36737312/Evidence-File-4
http://www.scribd.com/doc/36737281/Evidence-File-3
http://www.scribd.com/doc/36737272/Evidence-File-2

* Parks Department solicits for huge Christmas Tree vending


concessions that violate all public safety rules
http://www.scribd.com/doc/34149564/Christmas-Tree-2010

* Parks Department solicits for more food carts in Central Park


http://www.scribd.com/doc/49969656/Central-Park-Con-Sessions-RFP

* Central Park Conservancy merchandise


http://www.scribd.com/doc/47599220/CP-Conservancy-GIFTS

* Park Commissioner Benepe promotes Shake Shack chain, owned by Danny


Meyer, founder of the Union Square Partnership BID
http://www.scribd.com/doc/36256635/Benepe-Danny-Meyer-Promote-Shake-Shack

* Union Square Park congestion caused by the BID and corporations not
by artists.
http://www.scribd.com/doc/36257416/USP-Pedestrian-Congestion-Caused-by-
Corporations

* How NYC Street Artists Won Our Rights


http://www.scribd.com/doc/30543412/How-NYC-Street-Artists-Won-Our-Rights

* Times Square BID Solicits for Vending Concessions in Pedestrian Mall


http://www.scribd.com/doc/30775181/Times-Sq-BID-Concession-RFP

* Request for BIDs for new Union Sq Park Café


http://www.scribd.com/doc/31557560/Union-Square-Cafe-and-Kiosk-RFP-28FINAL-29

* Parks Department/Union Sq Partnership BID Solicits for 200 stand


Holiday Market Vending Concession in Union Square Park
http://www.scribd.com/doc/30773226/Union-Square-Holiday-Market-Solicitation

* Shake Shack causes far more congestion than 100 artists would,
Madison Sq Park – video by Joel Kaye
http://www.youtube.com/watch?v=-k9CEhZKGs0

* Columbus Circle Holiday Vending Market


http://www.scribd.com/doc/33967392/Columbus-Circle-Holiday-Market-2010-
Application

* Parks used to enhance surrounding real estate values


http://www.ny4p.org/pdfs/reports/SupportingOurParksJune8.pdf
Or here:
http://www.scribd.com/doc/33087067/Supporting-Our-Parks-June-8
EXCERPT:
"The park [Central Park]
added $17.7 billion in incremental value to surrounding properties."

* Parks Dept/Madison Square Park Conservancy solicit for huge vending market
http://www.scribd.com/doc/32324536/MadSqMarkt2010

* Park conservancies getting huge salaries from City money-Daily News


http://www.scribd.com/doc/34180998/Park-Conservancies-Get-PAID

* NY Post 9/13/09 “Fat cats turn park-keeper groups into their 'shady'
money trees”
Park Conservancy corruption tied to vending concessions
http://www.nypost.com/p/news/local/item_OMOUSQhTNEvDOTjQk2K8SI

* Cupcake Cart Concession, Washington Sq Park (Note the sidewalk


congestion caused by this concession and how it violates numerous
Parks Dept rules concerning width of sidewalk, vending over a grill
etc)
http://www5.snapfish.com/snapfish/thumbnailshare/AlbumID=1540748028/

* Mayor Bloomberg fills NYC streets and parks with tourists, then
complains that a few street artists are “causing congestion.”
http://www.scribd.com/doc/33496666/Bloomberg-Fills-NYC-Streets-With-Tourists
* Parks Department’s officially sanctioned corporate art (one of
hundreds of examples)
http://www.scribd.com/doc/36548524/Parks-Officially-Sanctioned-Art

* NYU Law School rejects Park rules proposal


http://www.scribd.com/doc/30701886/CityLaw-Rejects-Park-Rules-Proposal

Union Square Community Coalition rejects Park rules proposal


http://www.scribd.com/doc/30665784/USCC-Artist-Letter-4-22-10-USCC

NYCLU Rejects Park rules proposal


http://www.scribd.com/doc/30867894/NYCLU-Rejects-Park-Rules-Proposal

*** Fruit Stands replace artists at Met


Here's the latest evidence that the Mayor literally wants to replace
artists with more vending concessions in Parks. If you recall
the premise of the so-called Green Cart program, it was to bring
fruits and vegetables to poor neighborhoods where the Mayor
believed the residents did not understand the health reasons for
eating fresh produce instead of junk food. Is there a single person
in NYC who thinks that the Upper East Side is one of those
poor neighborhoods, let alone millionaires row,
Fifth Ave along Central Park East in the 80's?
These new food carts will be placed in the exact
location where artists have sold for many years and where the
Mayor and Parks Commissioner claim artists are causing congestion.
SEE: NY Post, Gothamist
http://www.nypost.com/p/news/local/manhattan/produce_carts_roll_in_cent_pk_health_q
Ea3nXjhIukV1xrFFMleaP
http://gothamist.com/2010/03/06/fruit_snacks_coming_to_central_park.php

Park Commissioner started as illegal food vendor in Central Park


http://www.columbia.edu/cu/alumni/Magazine/Fall2002/Benepe.html

Columbia Magazine
EXCERPT:
"Benepe’s connection to the parks department actually began when he
was fifteen. His first job as a “parkie” was collecting trash in parks
and mopping locker rooms at Szold Pool on the Lower East Side. He
later got a job as a pushcart vendor in Central Park in the summer of
1976. “Every day I’d go to the garage and get this 600-pound cart,
load it up with soup and loaves of bread, and push it from 81st to
59th Street and sell to lunch crowd. After that, I’d go up to
Delacorte Theatre and sell to the dinner crowd.” (The operation was
illegal, he adds, since he didn’t have a permit.)"
The Guardian of Gotham's Gardens
***NYPD, DCA and Parks Department Internal Memos on selling art:
what’s allowed, what’s not and the laws that can be enforced:
http://www.mediafire.com/?
sharekey=be38676c5f033d6b61d4646c62b381cb665fcb2f27e7c89f0897301e858a8174

* Video of ARTIST protest by Sasha Sazanov


http://www.youtube.com/watch?v=YHZz0UPgfXw

*** Updated Major Media coverage of Parks rules for artists issue ***

NY Times
http://cityroom.blogs.nytimes.com/2010/07/19/vendors-thumb-nose-at-city-restriction/

NY Observer 7/28/2010 New Parks Regulations Slap Street Artists


http://www.observer.com/2010/culture/new-parks-regulations-slap-street-artists

NBC
http://www.nbcnewyork.com/news/local-beat/Artists-Protest-Limit-on-Park-Vendor-
Spots-98766594.html

NY1
http://www.ny1.com/content/top_stories/122297/city-art-vendor-limits-take-effect

CBS
http://www.youtube.com/watch?v=Xcmb68W-4Nc

NY Post
http://www.nypost.com/p/news/local/manhattan/gotta_have_art_cUZFEFAlaTDXX1eftv
USxL

NY Law Journal; lead article, cover. Also has judge’s entire ruling
http://www.scribd.com/doc/34585240/NY-Law-Journal-on-Injunction

http://www.dnainfo.com/20100719/gramercy-flatiron-union-square/artists-protest-citys-
new-vendor-restrictions-union-square-park

Fed judge upholds NYC art vendor crackdown rules


(AP) 7/16/2010
NEW YORK — A federal judge in New York City has upheld new regulations
seeking to cap the number of art vendors allowed in Manhattan's
busiest parks.

Judge Richard Sullivan on Friday denied motions in two cases brought


by street artists seeking to prohibit the city's parks department from
enforcing the new rules.
The city administration has said the parks have become too crowded,
but the lawsuit argued that farmers market and holiday commercial
vendors create more congestion in the parks than the artists.

City lawyer Mark Muschenheim said he was pleased with the decision,
saying the rules reflect a careful balance between the rights of
vendors and the public's right to enjoy the parks.

Plaintiff Robert Lederman said his lawyers plan to appeal.

The new rule is scheduled to take effect July 19.

http://www.nytimes.com/2010/07/17/nyregion/17vendors.html
NY TimesJuly 16, 2010
Judge Allows City to Limit Art Sellers in Parks

Destinations Examiner
http://www.examiner.com/examiner/x-23890-NY-Destinations-Examiner~y2010m7d18-
Restrictions-on-NYC-park-artists-to-start-Monday-after-judge-denies-injunction

Wall Street Journal 7/19/2010


By LAUREN FEDOR

More than 100 of the city's artists are expected to gather in Union
Square Park Monday morning in response to new regulations limiting the
number of art vendors in Manhattan's parks.

The new rules, set to take effect Monday, place a cap on the number of
"expressive matter vendors"—those who sell art, photography, reading
materials or sculpture—in certain sections of Central Park, as well as
all of Union Square Park, Battery Park and the High Line Park.

While selling his work at Union Square on Sunday, Joel Kaye displays
his displeasure with regulations on art vendors that take effect on
Monday.

According to the Department of Parks & Recreation Web site, the new
rules will require vendors to sell their work in spots designated by
the department. These 8-by-3-foot spots will be marked with parks
department medallions, according to the site.

In Union Square Park, 18 street artists will be allowed to sell their


work each day. An additional 40 vendors will be allowed to sell their
pieces in the park on Tuesdays, Thursdays and Sundays, according to
the parks department site.
Robert Lederman, a street artist and president of Artists' response to
Illegal State Tactics, described the regulations as "extremely
restrictive," adding that nearly 100 artists typically sell their work
in the Union Square Park each day.

In an e-mail sent Saturday to nearly 1,500 of the city's street


artists, Mr. Lederman encouraged vendors to protest the rules change
by continuing to sell their pieces in Union Square Park. Mr. Lederman
suggested artists sell their work outside of the marked spots or
display their work without selling it. In the e-mail, Mr. Lederman,
who said he has been arrested 43 times but never convicted of a crime,
discouraged artists from breaking the law.

* Lawsuit filed on June 18th to prevent enforcement of Park rules.


Plaintiffs Robert Lederman and Jack Nesbitt. [Docket #10CV04800
Southern District Federal Court].
Lederman et al v. New York City Department of Parks and Recreation et al

Link to full text of complaint:


http://www.scribd.com/doc/33253915/COMPLAINT-Park-Rule-Web-Version
http://lawprofessors.typepad.com/conlaw/2010/06/street-artists-in-new-york-city.html

>>> NYC sued over proposed cap on art vendors in parks Associated Press Jun 18, 2010
9:43 PM NEW YORK
Two street artists filed a free-speech lawsuit against New York City
on Friday in response to new regulations seeking to cap the number of
art vendors allowed in Manhattan's busiest parks.

The lawsuit, filed in Manhattan federal court, asks the court to


declare the proposed regulations unconstitutional and award legal fees
to the plaintiffs: Robert Lederman, the president of artist advocacy
group A.R.T.I.S.T., and artist Jack Nesbitt.

Lederman filed a similar lawsuit against the administration of


then-mayor Rudy Giuliani in 2001, winning protections for artists
selling their work in front of the Metropolitan Museum of Art, said
his lawyer, Julie Milner.

The lawsuit argues that the city's new proposal to allow only about
120 vendors in Union Square, Battery Park, the High Line Park and
parts of Central Park seeks to circumvent that earlier ruling.
Currently, about 300 art vendors sell their work in those parks.

The lawsuit was filed Friday evening, Milner said. City Law Department
spokeswoman Kate O'Brien Ahlers said the city had not yet received a
copy but would review it thoroughly.

The city administration has said the parks have become too crowded,
and even dangerous. But the lawsuit argues that greenmarket and
holiday commercial vendors regularly create more congestion in the
parks than the artists.

The city slightly raised its proposed cap this week after opposition
to the limits from artists. The new rule is scheduled to take effect
July 19.<<<

* Daily News
Artists fight public hearing on vendor restrictions in parks with
freedom of expression
http://www.nydailynews.com/ny_local/2010/04/24/2010-04-
24_artists_rip_restrictions_in_parks.html

* NY Times 4/24/2010 (go to site for photos)


http://www.nytimes.com/2010/04/24/nyregion/24parks.html?ref=nyregion

* NBC News
http://www.nbcnewyork.com/news/local-beat/Artists-Protest--91921924.html
(Has good video of the protest)
Seeing Red: Artists Protest Changing Park Vendor Rules

* FOX NEWS
http://www.dailymotion.com/video/xd2ff9_fox-3-24-2010-protest_creation

*** NY1News coverage of 4/23 ARTIST protest


http://www.dailymotion.com/video/xd2dsw_3-24-2010-park-protest_creation
(Important: Watch video and listen to Mayor Bloomberg pretend that
this issue is about hot dog vendors, not artists. They must be
desperate to do that much spinning!)

* WPIX Channel 11 News NY


http://www.wpix.com/news/local/wpix-art-vendors-protest,0,1765205.story

OR, see it here:


http://www.dailymotion.com/video/xd2fn4_channel-11-artists_creation

*Newsday
Hundreds protest NYC proposal to limit art vendors
http://www.newsday.com/news/new-york/hundreds-protest-nyc-proposal-to-limit-art-
vendors-1.1878569

* 1010WINS Radio News


http://www.1010wins.com/Hundreds-Protest-NYC-Proposal-to-Limit-Art-
Vendors/6877955

* DNAinfo
http://www.dnainfo.com/20100423/manhattan/hundreds-protest-plan-limit-vendors-
selling-art-parks
(Excellent photo slideshow)

* CURBED Hundreds Protest Plan to Limit Vendors Selling Art in Parks


Updated 2 hrs ago April 23, 2010
http://ny.curbed.com/archives/2010/04/23/artists_creatively_trash_bloomberg_at_rally_a
gainst_park_rules.php

(Has good photos from the protest)


Artists Creatively Trash Bloomberg at Rally Against Park Rules

* NY Times
http://www.nytimes.com/2010/04/23/nyregion/23vendor.html?ref=nyregion
April 22, 2010
Trailblazer’s Take on Limiting Vendors
(Article about the poet on whose behalf the Written Matter Exemption
was created)

------------------
* DESTINATIONS EXAMINER
Hundreds of street artists protest Parks Department plan, attend public hearing
April 24, 2010 PMNY Destinations Examiner Leslie Koch
http://www.examiner.com/examiner/x-23890-NY-Destinations-Examiner~y2010m4d24-
Hundreds-of-street-artists-protest-Parks-Department-plan-attend-public-hearing-photos

(This article has another photo slideshow with great individual photos
of many artists you know and their signs)

http://www.huffingtonpost.com/brendan-smith/mayor-bloomberg-vs-
artist_b_556584.html
Mayor Bloomberg vs Artists: The Battle for the Soul of New York City
by Brendan Smith

* Earlier Media Coverage of This Issue


http://www.nytimes.com/2010/04/17/nyregion/17artists.html
NY Times April 16, 2010
City Seeks to Limit the Flocks of Art Vendors at Popular Sites in Parks

http://www.nydailynews.com/opinions/2010/04/18/2010-04-18_figures_of_speech.html
Daily News Editorials
Figures of speech: New York Park's Dept. must put public above peddlers
http://www.nbcnewyork.com/news/local-beat/City-Set-Give-Park-Art-the-Brush-Off-
91047864.html
NBC News website City Set to Give Park Art the Brush Off
By ANDREW SIFF and HASANI GITTENS Fri, Apr 16, 2010

NY Post April 16, 2010


http://www.nypost.com/p/news/local/manhattan/city_seeks_park_curb_art_vendors_QX
w8c2IjoDYBj3LJ6LGShN

Recording from WNYC radio 4/14/2010


Featuring Park Commissioner Adrian Benepe explaining his fundraising
efforts in Parks. Robert Lederman calls in and challenges him. Benepe
repeats his claim that Lederman is, ”…just making things up,” about
replacing artists with concessions then admits he is putting
concessions, Holiday Markets etc in the exact same Parks where artists
now sell. The first few minutes deals with the Central Park tennis
court bubble issue. Commissioner Benepe has a really insulting way of
describing all street artists in parks as commercial vendors of junk.
Give it a listen.

You can play the radio interview here:


http://www.dailymotion.com/video/xcy5bd_rl-benepe-wnyc-cut
(a 30 second ad plays first)

Or download it here:
http://www.mediafire.com/?m2lgyyymvmg
At this page, click on “click here to start download.” Ignore any pop up ads.

Or listen and read the many comments here:


Concession Money for Parks: Adrian Benepe
confronted by Robert Lederman-WNYC
http://beta.wnyc.org/shows/bl/2010/apr/14/money-parks/

http://cityroom.blogs.nytimes.com/2010/04/05/artists-and-vendors-bristle-at-proposed-
limits/
NY Times City Room April 5, 2010
Artists and Vendors Bristle at Proposed Limits in Parks

NY Times City Room April 9, 2010


In Fight for Art Vendors, a Look to the Past
Proof that the Parks Department ran a 160 stand art concession on
Central Park South
where they now claim only 5 artists can sell due to “public safety” issues.
http://cityroom.blogs.nytimes.com/2010/04/09/in-fight-for-art-vendors-a-look-to-the-
past/#more-157209
**** NY1 News Park Comissioner Benepe blames Robert Lederman for new park rules
http://www.ny1.com/6-bronx-news-content/ny1_living/115958/vendors-critique-parks-
officials--new-rules-for-street-art

NY Daily News
http://www.nydailynews.com/ny_local/2010/03/27/2010-03-
27_parks_draws_up_plan_to_erase_artists_displays.html

WBAI radio 3/26/2010


Click on this link:
http://www.youtube.com/watch?v=YljzQ1yYkic

OR this one
(a 15 second commercial precedes it)
http://www.dailymotion.com/video/xcqffy_wbai-report-on-new-park-rules-for-a_news

You can also download it as a Quicktime mov. file here:


http://www.mediafire.com/?n2d0zmm4mmm

* NY Times
http://www.nytimes.com/2010/04/23/nyregion/23vendor.html?ref=nyregion
April 22, 2010 Trailblazer’s Take on Limiting Vendors
(This is an article about the poet on whose behalf the Written Matter
Exemption was created, who now denounces street artists’ rights.)

Documentary on Union Sq Park as a center for political activism


http://www.youtube.com/watch?v=CHXlLomoXIM

DOT admits Greenmarket is actual the cause of congestion in USP


http://www.youtube.com/watch?v=X-yniD3LGBI

A Walk in the Park website


http://awalkintheparknyc.blogspot.com/2010/03/art-vendors-criticize-parks-officials.html

Lederman et al v Giuliani (2001) ruling overturning Park permits for artists


Full ruling
http://www.scribd.com/doc/33173357/Lederman-v-Giuliani-Ruling
http://bluecollarpolitics.com/lederman/giuliani-artist-2001-ruling.html

Injunction in Lederman et al v Giuliani


http://www.scribd.com/doc/33173361/LvG-Injunction

Contact info:
Robert Lederman, president of ARTIST
artistpres@gmail.com
http://groups.yahoo.com/group/nycstreetartists/
ARTIST group video history
http://www.youtube.com/user/artistpres

Attorney Julie Milner representing Robert Lederman


julie.milner.law@gmail.com

Parks Commissioner, Adrian Benepe


Adrian.Benepe@parks.nyc.gov
212 360-1305
Alessandro Olivieri, Parks legal counsel
Alessandro Olivieri@parks.nyc.gov
212 360-1313
Friends of the Highline
(212) 206-9922
info@thehighline.org
Geoffrey Croft
NYC Park Advocates
(212) 987-0565

Robert Lederman art portfolio


http://www.mypublisher.com/?d=tq%3Ey-cppl%60je
%3E3729%3A51&_mp=H7AuXkiYH/zBuvsLVueSqY4vWp9p3Z5u%0A

Robert Lederman
artistpres@gmail.com
ARTIST POWER!

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