Professional Documents
Culture Documents
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.
>>(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:<<
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.
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.
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
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:
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
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 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:
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 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.
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
Photos
http://www.scribd.com/doc/46172874/Union-Square-Park-Debris
Video
http://www.youtube.com/watch?v=IC_mEixoJ7U
http://www.scribd.com/doc/33894120/Evidence-File-4
*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
http://www.youtube.com/watch?v=iiqf9pQ8FX0
http://www.youtube.com/watch?v=CrEjTl7xGaA
* 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
* Shake Shack causes far more congestion than 100 artists would,
Madison Sq Park – video by Joel Kaye
http://www.youtube.com/watch?v=-k9CEhZKGs0
* Parks Dept/Madison Square Park Conservancy solicit for huge vending market
http://www.scribd.com/doc/32324536/MadSqMarkt2010
* 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
* 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
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
*** 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/
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
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.
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
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.
>>> 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 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
* 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
*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
* DNAinfo
http://www.dnainfo.com/20100423/manhattan/hundreds-protest-plan-limit-vendors-
selling-art-parks
(Excellent photo slideshow)
* 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
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
Or download it here:
http://www.mediafire.com/?m2lgyyymvmg
At this page, click on “click here to start download.” Ignore any pop up ads.
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 Daily News
http://www.nydailynews.com/ny_local/2010/03/27/2010-03-
27_parks_draws_up_plan_to_erase_artists_displays.html
OR this one
(a 15 second commercial precedes it)
http://www.dailymotion.com/video/xcqffy_wbai-report-on-new-park-rules-for-a_news
* 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.)
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
Robert Lederman
artistpres@gmail.com
ARTIST POWER!