High Line Artist Arrested - Again: FOH & DPR Protecting Future Concession Revenue?

(Left): Robert Lederman surrounded by PEP officers, was arrested on Sunday for selling art on the High Line esplanade in Chelsea.  The City is currently  negotiating a sole source concession agreement with the Friends of the High Line (FOH) which  would allow the  group to keep revenue from items sold on the park property. The FOH and the City would not be entitled to revenue  from artists such as Mr. Lederman  if they were allowed to sell at the park.   

Robert Lederman and a fellow artist Jack Nesbitt were arrested shortly after 12:00pm on Sunday afternoon on the High Line esplanade in Chelsea.  This was Mr. Lederman's 43rd arrest related to artist vending in parks and his second arrest on the High Line in two weeks. According to Mr. Lederman the officers told him that the arrests were directly ordered by Parks Commissioner Adrian Benepe. An audio tape of the incident reveals the officers actions were sanctioned by the parks department's legal department. 

The incident was captured  on video and posted on YouTube. In the almost 9 minute video, Mr. Lederman, wearing a yellow STOP HARASSING THE ARTISTS sign, is seen calmly talking to Park Enforcement Patrol (PEP) officers throughout the ordeal.  

"Let me show you something," Mr. Lederman said while surrounded by a phalanx of officers in front of his vending table. "This is a memo from the PEP commander, OK, Raymond Brown, that says what the rights of artists are to sell in parks. I can sell in any park in New York City.  I'm set up here completely legally. I have a legal sized display, as you can see I'm completely out of the walkway, I'm not blocking anything. Nothings on the floor. And I have this PEP memo that says I can sell.  So if you give me a summons you are violating  a federal court order and I will sue you. I'd prefer not to. I'm not here to make any trouble. I'm here to exercise my constitutional rights as seven different courts ordered I'm allowed to do in parks." 

Mr. Lederman goes on to explain if the officer's superiors are ordering them to illegally write summons or arrest people they are not obligated to comply.  He is seen repeatedly trying to explain that artists are allowed to sell in parks without a permit. 

 "As I've explained there is a difference between this park and other parks," replies PEP Inspector Robert Reeves, seen in the video wearing a light blue parka. 

"Show me in writing in the parks rules where there's any reference to I can't sell on the High Line." Mr. Lederman responds.  "The sign that's downstairs says no un-permitted vending it doesn't say no vending.  And I'm exempt from the permit.  You don't need to be a lawyer to understand this."  (The video does not show the inspector producing any document)

"Based on a conversation with our legal department," Inspector Reeves replies,  "I'm here to tell you..." Mr. Lederman interrupts "Your legal department which has arrested me 35 times before and lost every lawsuit I've thrown up." 

The audio quality on the YouTube video is uneven.  A separate audio tape made at the scene and obtained by A Walk In The Park however is very clear.  On that recording PEP Inspector Reeves is clearly heard saying the officers actions were " based on a conversation with our (the parks department's) legal department."  The tape matches up to YouTube video posted on line.

The video shows Mr. Lederman's table set up in one of the High Line's tunnels which  are approx. 60 feet wide. 

"I told them I deliberately picked the widest place I could find. Its much wider than any sidewalk.  A big sidewalk is twenty feet, but sixty feet is like a whole street.   

"It huge, its a wonderful spot." 

In the video Mr. Lederman is heard saying he intends to come back again and again. While Mr. Lederman is being cuffed, Inspector Reeves turns his attention to Jack Nesbitt who is filming.  He informs him if he does not leave he will be placed under arrest as well. Mr. Nesbitt declines to leave. 

"We have another person then," the inspector says.  

The video winds down with Mr. Lederman being lead away in handcuffs. "This is how New York City treats artists," he says.  "Violating our rights. Violating the constitution. Falsely arresting us. Violating a federal court order."

A few days after Mr. Lederman's first arrest on November 21, the DPR issued the following statement:  “The High Line is a unique public space, a thin elevated corridor at less than three acres with pathways as narrow as eight feet wide in some places.  Many activities are prohibited.  These include biking, skateboarding, throwing a baseball or a Frisbee, or walking a dog. The High Line can receive as many as 25,000 visitors on a busy day, walking along its long linear surface surrounded by fragile new plantings.  Mr. Lederman and other vendors are able to ply their trade in hundreds of New York City parks and on hundreds of miles of city streets, where visitors can linger and enjoy their wares.”  

The usually press-friendly Friends of the High Line (FOH) refused to comment on the incident and instead left the DPR to fend for itself. 

(Left): Artist Robert Lederman and  fellow artist  Jack Nesbitt (not pictured) in the back of a parks vehicle flanked by a PEP officer.

Reached by phone Mr. Lederman said Inspector Reeves had arrested him numerous times in front of the Metropolitan Museum of Art in 1998.  Mr. Lederman was told by at least one officer on Sunday that the decision to arrest him was made by Park Commissioner Adrian Benepe and the DPR's legal council (Alessandro Olivieri).   Mr. Lederman also said Inspector Reeves claimed he was just following orders.   

"They arrested me for disorderly conduct and failure to comply. And obviously the only disorderly thing I was doing (according to them) was that I was vending my art. I'm standing there talking to them showing them parks department official documents about why I can be there.  Nothing disorderly about that. No judge is going to think I was disorderly.  I think they want to go to court. They obviously seem to want to."

"If they think they are discouraging me they're wrong," he continued. "Even if I don't go back there guess what,  people are going to start going there to sell art."

The Parks Department failed to respond to requests for comment.

Read More:

Saying he’s being railroaded, artist is arrested again -

The Villager - December 9, 2009 - By Lincoln Anderson

The High Line and art

Editorial -The Villager - December 9, 2009

Arrested Artist Plans to Challenge High Line Art Selling

Curbed - December 7, 2009

Artists Arrested on High Line... Again

Gothamist - December 7, 2009 By Jen

Statement from Mr. Lederman: (December 6, 2009) 

ARTIST President Robert Lederman and ARTIST member Jack Nesbitt were both arrested on the Highline Sunday, 12/6/09 at approximately 12:30 PM. Lederman was previously arrested on the Highline on November 21

and issued 5 summonses for vending without a Parks permit.

In today’s arrest, the artists were handcuffed by 5 Parks Enforcement Patrol officers (PEP), taken to the 6th Precinct, held in a cell, and later released with two Criminal Court summonses given to each artist for disorderly conduct and failure to comply.

Lederman and Nesbitt are both plaintiffs in a Federal lawsuit (Lederman et al v Giuliani decided in 2001) which overturned the Parks permit requirement for artists. Since 2001 visual artists may sell in all NYC Parks without needing any license or permit.

Today’s arrest was the 43rd for Lederman. He has never been convicted and has won 5 Federal lawsuits about about street artists’ First Amendment rights.

The PEP officers were led by Inspector Robert Reeves. The arresting officers stated that the arrest was directly ordered by Parks Commissioner Adrian Benepe.

A video of the arrest is available on Youtube at this address:

http://www.youtube.com/watch?v=KcHH5TwA7zw

Still photos are available here:

http://www.flickr.com/photos/street_artist/?saved=1

Below are links to official Parks Department documents, the Federal court ruling and other materials proving that artists can legally sell in any NYC Park. There is also a link to materials from the Friends of the Highline website showing that it is a 100% public, city owned

park.

Lederman and Nesbitt are represented by attorney Julie Milner, who plans to file a Federal civil rights lawsuit this week about these arrests. The defendants will be the City of NY, The Parks Department and the Friends of the Highline.

Robert Lederman issued the following statement after being released:

“What the public and the media should ask the Mayor, Commissioner Benepe and the Friends of the Highline is this:  If this is a public park, doesn’t the First Amendment, the Federal Court rulings and the laws of the City of NY, all of which exempt First Amendment protected

street artists from any license or permit, mean that you cannot keep on falsely arresting artists for not having a park permit? And if the Friends of the Highline is advertising that they have a food vending concession up there already and plan to have more, and they also sponsor numerous art shows on the Highline, how can they legally ban First Amendment protected artists? We were arrested today as criminals, but the sad reality is that we are the ones upholding the law. It is the Mayor, the Parks Commissioner and the Friends of the Highline that are committing the only criminal act associated with these arrests. They are in blatant contempt of court.”

Contact:

Robert Lederman

artistpres@gmail.com

Parks Commissioner, Adrian Benepe Adrian.Benepe@parks.nyc.gov

212 360-1305 Alessandro.Olivieri@parks.nyc.gov (Parks legal counsel),

212 360-1313

Deputy Commissioner Kevin Jeffrey, Parks Enforcement

kevin.jeffrey@parks.nyc.gov

212 360-1381

Friends of the Highline

(212) 206-9922

General Email

info@thehighline.org

Attorney Julie Milner

646 733-8658

Highline Park rules and info proving it is a public park

http://www.mediafire.com/?jquw20znqwx

Highline Park website

http://www.thehighline.org/

Public art exhibitions on the Highline

http://www.thehighline.org/about/public-art

Parks Dept memo to PEP officers on street artists being able to sell

in all NYC parks

http://www.mediafire.com/imageview.php?quickkey=zdgokmzkela&thumb=4

http://www.mediafire.com/i/?rnnomwng1tr

Street artist Federal court rulings

http://www.mediafire.com/?ihzato0xjct

NY Times on Parks Department artist permit ruling

http://www.mediafire.com/imageview.php?quickkey=n5y0mvezjjm&thumb=4

NY Post on street artists in parks Federal Court ruling

http://www.mediafire.com/i/?fjemmnnnmom

ARTIST website (all vending laws, documents, media coverage etc

regarding NYC street artists)

http://groups.yahoo.com/group/nycstreetartists/

Street artist videos

http://www.youtube.com/profile?user=artistpres

Parks Dept spokesperson, Vickie Karp

Issued the statement below as a response to the 11/21 arrest:

Vickie.Karp@parks.nyc.gov

212.360.1371

(Note that they fully acknowledge that artists can legally sell in parks.)

Parks statement QUOTE:

“The High Line is a unique public space, a thin elevated corridor at less than three acres with pathways as narrow as eight feet wide in some places.  Many activities are prohibited.  These include biking, skateboarding, throwing a baseball or a Frisbee, or walking a dog. The High Line can receive as many as 25,000 visitors on a busy day, walking along its long linear surface surrounded by fragile new plantings.  Mr. Lederman and other vendors are able to ply their trade in hundreds of New York City parks and on hundreds of miles of city streets, where visitors can linger and enjoy their wares.”

-------------------------

Media coverage of the previous Highline arrest on 11/21/09

NY Times

http://cityroom.blogs.nytimes.com/2009/11/23/artist-arrested-for-42nd-time-this-time-on-the-high-line/

NY Post

http://www.nypost.com/p/news/local/manhattan/for_art_peddler_it_high_dry_line_UM2ALn7XJE31CInyNcWyPL

NY Press

http://www.nypress.com/blog-5438-free-speech-not-so-free-artist-arrested-at-high-line.html

Gothamist

http://gothamist.com/2009/11/23/high_line_7.php

The Villager

http://www.thevillager.com/villager_344/highlinearrest.html