Artists Race To Get Spots in Central Park Again

Sunday, May 29, 2011. 61st & Fifth Avenue- Central Park. Back to Racing. Artists waiting to race into Central Park's Wien Walk this morning at 5:55am. (Illustration By Peter Walsh)

Manhattan

As the summer drawing season begins, the removal of a court-ordered restraining order blocking enforcement of new park rules is again forcing artists to fight for limited spaces in New York City's Central Park and three other Manhattan parks, according to The Central Park Portrait Exchange.

This morning, with a 6:00am nod of the head from a Parks Department PEP officer, a dozen artists sprinted into Central Park's Wien Walk to secure locations. For video of the foot race shot last summer (July 2010), click here.

Then the waiting began again. The park goers and tourists who are these artists' dedicated fans and customers don't really begin arriving in any substantial numbers for about 5 hours. A long day gets longer with the new park rules.

Sunday, May 29, 2011. Artists waiting for customers in Central Park's Wien Walk, 7:15am.

Read More:

5:55am: Sunday in the Park or Horse Race?

CENTRAL PARK PORTRAIT EXCHANGE - May 29, 2011 - By Peter Walsh

Temporary Restraining Order Lifted In Park Artist Case - Enforcement Begins Today

A Walk In The Park - May 19, 2011

Temporary Restraining Order Lifted In Park Artist Case - Enforcement Begins Today

Union Square Park. The Parks Department began affixing Expressive Matter vending rule signs last week after the Appellate Division, First Department of the New York State Supreme Court struck down a Temporary Restraining Order (TRO) that had been in effect since last Summer.

The City will begin enforcing the Parks Department rules today which limits the number and location of street vendors who sell art in four parks. The new Parks Department rules went into effect on July 19, 2010.

According to the lawsuit, the City is seeking to limit and restrict “expressive matter” vending in four Manhattan parks - Central Park, Union Square Park, Battery Park and the High Line, as well as on the sidewalks adjacent to them. The four parks are run either entirely or in large part by public/private partnerships. The artists contend the new rules infringe on their rights to free expression and equal protection under the New York State Constitution; violate New York State and New York City human rights laws; and contradict New York City Local Laws and the Administrative Code.

Two other lawsuits in Federal court are also currently pending on this issue.

On Tuesday evening, PEP Inspector Robert Reeves sent out an email stating they have just learned that the courts "have ruled in our favor" and beginning Wednesday May 18th, they will "once again begin education by handing out the FAQs and taking down info of those we have spoken with," he wrote.

According to sources, PEP have attemped to collect contact information from vendors but only a few have complied.

"We must also check to see that the signage indicated the EMV rules are posted. We also need to check to make sure all medallions are in place at the 4 designated parks. Enforcement will begin this Saturday 5/21," Inspector Reeves wrote.

PEP officers began attending Expressive Matter training classes last week in preparation of enforcing the new Park rules. – Geoffrey Croft

(Photos: © Geoffrey Croft/NYC Park Advocates) Click on images to enlarge.

Manhattan

New York City officials can start limiting the number and location of street vendors who sell art, photography and similar wares in some of the city's most congested parks, a state appeals court has ruled, according to Thomson Reuters.

In Union Square Park vending spots will be reduced to 18 on Greenmarket days and 58 the remaining times.

Tuesday's decision, by the Appellate Division, First Department, was the latest round in a legal battle that began last summer, when several artists sued the city's Department of Parks and Recreation, Mayor Michael Bloomberg and other city officials over the new regulations, for violating their constitutional rights to free speech and equal protection.

Those lawsuits are still pending in both state and federal courts, but the appeals court denied the plaintiffs' motion for a preliminary injunction and lifted a temporary restraining order that had been in place since the lawsuits were filed.

"We can start enforcing the rules right now," said Gabriel Taussig, chief of the administrative law division in the New York City Law Department. "We've discussed that with Parks and they are formulating their plans."

Union Square West. Dangerous Going. Vendors feel its only a matter of time before someone is hit by a vehicle. According to the new park rules they must vend directly behind medallions the City has affixed on the ground which puts them precariously close to traffic.

The plaintiffs also sought a preliminary injunction in federal court, but that motion was denied last July.

"We are extremely pleased with the appellate court's decision," said Julie Steiner, who represented the city in the state appeal. She added that the city's rules are "narrowly-tailored, content-neutral regulations" and do not infringe on the vendors' First Amendment rights.

The plaintiffs are "very disappointed," said their attorney, Jon Schuyler Brooks, but he added that "we are reviewing our options." The plaintiffs did not immediately appeal the ruling to the Court of Appeals, New York's high court.

The regulations limit the selling of "expressive matter" -- for example, art, photography and books -- to a total of 100 designated spots in four of the most heavily visited city parks: Union Square Park, Battery Park, High Line Park, and portions of Central Park. Such vendors do not require a permit.

Only one vendor would be allowed at each site, on a first-come, first-served basis. In their complaint, the plaintiffs argued that vendors were spending the night on the perimeter of the restricted parks in order to be the first to claim one of the few designated spots. That resulted in a "survival of the fittest" system, "which has a discriminatory effect on women, the elderly, and the disabled, who are unable to fairly compete with others for the designated spots," the lawsuit said.

In its ruling, the court found that the city "has a significant interest in preserving and promoting the scenic beauty of its parks," which includes "providing sufficient areas for recreational uses and preventing congestion." The court ruled that existing restrictions were "no longer sufficient" to balance the interests of the vendors and the general public.

The city will start enforcing the rules in High Line Park on Saturday and in the other three parks on Monday.

The case is Diane Dua et al v. New York City Department of Parks and Recreation et al, New York Appellate Division, No. 5122N-110344/10.

For Diane Dua et al: Jon Schuyler Brooks of Phillips Nizer.

For the city: Julie Steiner of the New York City Law Department.

July 19, 2010. An artist's depiction of Mayor Michael Bloomberg stomping on rights protected under the the Constitution.

Read More:

Restrictions are a go for vendors in NYC parks

Thomson Reuters - May 18, 2011 - By Jennifer Golson

Appeals Court Rules Against Artists in Dua v. City of New York Department of Parks Suit

Central Park Portrait Exchange - May 18, 2011 - By Peter Walsh

Panel Finds Vendor Restrictions Do Not Violate Free Speech Rights

New York Law Journal - May 18, 2011 - By Andrew Keshner

Judge Extends Artists’ Right To Display & Sell In NYC Parks

A Walk In The Park - February 1, 2011

City Blocked Again From Enforcing New Artist Vending Rules In Parks

A Walk In The Park - December 20, 2010

ARTISTS KEEP RIGHT TO DISPLAY AND SELL IN NEW YORK CITY’S PARKS

Phillips Nizer LLP persuades appeals court to enjoin enforcement of new rules

Phillips Nizer LLP - Press release - December 17, 2010

Artists, City Duel on Rules

The Wall Street Journal - December 18, 2001 - By Pia Cottan

CENTRAL PARK PORTRAIT EXCHANGE

December 17, 2010 - By Peter Walsh

Bloomberg Administration Continues Harassing Artists Even After Court Injunction - Artists

A Walk In The Park - September 2, 2010

State Judge Upholds Temporary Restraining Order In Park Artist Fight

A Walk In The Park - August 30, 2010

Art Attack - City Set For First Amendment Crackdown In Parks On Monday

A Walk In The Park - July 15, 2010 - By Geoffrey Croft

Artist Vendors: Locals Want Us To Stay In City Parks

A Walk In The Park - April 21, 2011

Judge Extends Artists’ Right To Display & Sell In NYC Parks

"Perhaps the City now will concede it has wasted enough tax-payer treasure on this effort to remove original artists from the sidewalks.” - Plaintiff's attorney.

Artist Market In Union Square Park - October 24, 2010. The Bloomberg administration is seeking to severely limit the number of artists allowed to display and sell their works in four Parks Department properties in Manhattan the lawsuit contends. The four properties are run by public/private partnerships. (Photos: Geoffrey Croft/NYC Park Advocates) Click on images to enlarge.

Manhattan

The City has once again been blocked from enforcing new artist vending rules in four parks. The Appellate Division, First Department has granted the artist's motion to prohibit the City from enforcing new vending rules pending their appeal of the trial court's denial of the preliminary injunction. The City is prohibited from enforcing the new rules until the Appellate Division hears and decides the appeal. The appeal is not expected to be heard until sometime in April or May.

The new Parks Department rules went into effect on July 19, 2010. The City is seeking to limit and restrict “expressive matter” vending in four Manhattan parks - Central Park, Union Square Park, Battery Park and the High Line, as well as on the sidewalks adjacent to them. The four parks are run by public/private partnerships. According to the suit, the artists contend the new rules infringe on their rights to free expression and equal protection under the New York State Constitution; violate New York State and New York City human rights laws; and contradict New York City Local Laws and the Administrative Code.

"Great news," said plaintiff Diane I. Dua when reached by phone this afternoon in response to today's decision. "I am very excited to have this relief into the Spring thanks to our wonderful lawyers at Phillips Nizer who truly believe in our cause. This is our constitutional right and we will not back down."

"For me Spring is just as busy as Christmas," plaintiff Bryan Close said this afternoon. Mr. Close sells at Union Square Park three to four days a week. "It's a sigh of relief."

On August 4, 2010 Phillips Nizer commenced the lawsuit in State Supreme Court. They filed a preliminary injunction motion on August 25, 2010, and simultaneously applied for a temporary restraining order (“TRO”) to stop the defendants from enforcing the new rules. A TRO was granted the same day by Supreme Court Justice Martin Schoenfeld, and the government’s subsequent attempts to stay and vacate the TRO were rejected, respectively, by Justice Rosalyn Richter of the Appellate Division and Justice Milton Tingling, Jr., the trial court judge.

On December 15, 2010, Justice Tingling denied the preliminary injunction motion and lifted the TRO. The very next day, Phillips Nizer filed a Notice of Appeal and the emergency motion.

“The snow will melt. Spring will come. Crocuses – and canvases – will return to the City’s parks,” said Jon Schuyler Brooks the litigation partner at Phillips Nizer who argued the artists’ emergency motion. “As a matter of law, the decision by the First Department means the artists demonstrated a likelihood of success on the merits of their appeal. Perhaps the City now will concede it has wasted enough tax-payer treasure on this effort to remove original artists from the sidewalks.”

Over the last two decades the City has allocated thousands of city employee hours and paid out hundreds of thousands of dollars in civil rights settlements to plantiffis in its fight against artists selling on park land.

Two other lawsuits in Federal court are also currently pending on this issue.

The Parks Department did not respond to a request for comment. - Geoffrey Croft

July 19, 2010. An artist's depiction of Mayor Michael Bloomberg stomping on rights protected under the the Constitution.

Press Release.

APPEALS COURT EXTENDS ARTISTS’ RIGHT TO

DISPLAY AND SELL IN NEW YORK CITY’S PARKS

Phillips Nizer LLP persuades appeals court to continue injunction against new rules

New York, NY – New York’s street artists have won the latest battle in the war being waged against them by the Parks Department. In a just-released decision, a full panel of the Appellate Division, First Department, granted the artists’ emergency motion to prohibit the City from enforcing new Parks Department rules that severely limit the rights of visual artists to display and sell their works. The prohibition will remain in effect until the Court hears and decides the artists’ appeal of the trial court’s order denying their request for a preliminary injunction. The appeal is expected to be heard in April or May this year. Consequently, the artists keep their right to display and sell their original artwork in and around the City’s parks well into Spring.

“The snow will melt. Spring will come. Crocuses – and canvases – will return to the City’s parks,” said Jon Schuyler Brooks, the litigation partner at Phillips Nizer who argued the artists’ emergency motion. “As a matter of law, the decision by the First Department means the artists demonstrated a likelihood of success on the merits of their appeal. Perhaps the City now will concede it has wasted enough tax-payer treasure on this effort to remove original artists from the sidewalks.”

In the emergency motion to the appeals court, Phillips Nizer identified six legal errors in the trial court’s order. Those errors will be the focus of the artists’ appeal.

The new Parks Department rules went into effect on July 19, 2010. They seek to limit and restrict “expressive matter” vending in Central Park, Union Square Park, Battery Park and the High Line, as well as on the sidewalks adjacent to them. The artists contend the new rules infringe on their rights to free expression and equal protection under the New York State Constitution; violate New York State and New York City human rights laws; and contradict New York City Local Laws and the Administrative Code.

Phillips Nizer commenced the lawsuit in State Supreme Court on August 4, 2010, then filed a preliminary injunction motion on August 25, 2010, and simultaneously applied for a temporary restraining order (“TRO”) to stop the defendants from enforcing the new rules. The TRO was granted the same day by Supreme Court Justice Martin Schoenfeld, and the government’s subsequent attempts to stay and vacate the TRO were rejected, respectively, by Justice Rosalyn Richter of the Appellate Division and Justice Milton Tingling, Jr., the trial court judge. On December 15, 2010, Justice Tingling denied the preliminary injunction motion and lifted the TRO. The very next day, Phillips Nizer filed a Notice of Appeal and the emergency motion.

The Phillips Nizer team representing the artists includes litigation partner Jon Schuyler Brooks, real estate/government relations partner Kevin B. McGrath, senior counsel Paul A. Victor, and litigation counsel Jeffrey L. Shore.

New York State Supreme Court, Index # 110344/10

Diane I. Dua, Joel Kaye, Bryan Close, Tenzin Wangdu, Jack Diamond, Bayo Iribhogbe, Robyn Wohl, George Moran and Artists United, Plaintiffs, v. New York City Department of Parks and Recreation (as a Municipal agency); Adrien Benepe (in his Official Capacity as the Parks Commissioner); City of New York (as a municipality); and Honorable Michael Bloomberg (in his Official Capacity as the Mayor), Defendants.

About Phillips Nizer LLP:

Phillips Nizer LLP has been engaged in a wide-ranging practice of domestic and international law for over 80 years. Established by world-renowned trial attorney Louis Nizer, the firm consists of lawyers who are well-respected leaders in their fields. The firm’s principal office is in New York City, with additional offices in Garden City, Long Island and Hackensack, New Jersey. For more information about Phillips Nizer LLP, please visit: http://www.phillipsnizer.com/

###

Read More:

City Blocked Again From Enforcing New Artist Vending Rules In Parks

A Walk In The Park - December 20, 2010

City Blocked Again From Enforcing New Artist Vending Rules In Parks

Photographer, and plaintiff Diane Dua (in blue) helping customers along E. 80th Street & Fifth Ave. - October 2010. "The new TRO renewed my belief in the justice system as a New Yorker and that the Constitution will be upheld," Mrs. Dua told A Walk In The Park. "We're waiting for justice." (Photos: Geoffrey Croft/NYC Park Advocates) Click on images to enlarge.

Manhattan

A day after a State Supreme Court Justice lifted a temporary restraining order (TRO) against the City issued on August 25, 2010, and denied plaintiffs a preliminary injunction, an appellate court justice issued a new order against the City.

The day after State Court Justice Milton A. Tingling's decision, the artists’ lawyers, Phillips Nizer LLP, appealed that decision, and filed an emergency motion to prevent the City from enforcing the new rules until the appeal is decided. Late Thursday evening, December 16, 2010, Justice Peter Tom of the Appellate Division, heard arguments from Phillips Nizer and the City’s lawyers, and then issued an Order granting the artists’ interim relief. As a result, the artists maintain their right to display and sell their original artwork in and around the City’s parks throughout the holiday season and beyond, according to Phillips Nizer.

The lawsuit contends that the new rules created by the Bloomberg administration severely limit the rights of visual artists to display and sell their works in parks. The defendants, the NYC Department of Parks and Recreation, seek to limit and restrict vending in four Manhattan parks - Central, Union Square, Battery and the High Line and along sidewalks adjacent to them. The artists contend the new rules infringe on their rights to free speech and equal protection under the New York State Constitution, violate New York State and New York City human rights laws, and contradict New York City Local Laws and the Administrative Code.

Over the last two decades the City has allocated thousands of city employee hours and paid out hundreds of thousands of dollars in civil rights settlements to plantiffis in its fight against artists selling on park land.

Two other lawsuits in Federal court are also currently pending on this issue.

The Parks Department declined a request for comment.

The city's attorney Gabriel Taussig, chief of the administrative law division, told the Wall Street Journal that the rules were initiated because of "a combination of congestion and aesthetic concerns." - Geoffrey Croft

October 3, 2010 - E. 80th Street and Fifth Ave. Original photographs by artist and plaintiff Diane Dua.

July 19, 2010. An artist's depiction of Mayor Michael Bloomberg stomping on rights protected under the the Constitution. (Photos: Geoffrey Croft/NYC Park Advocates) Click on image to enlarge.

Read More:

ARTISTS KEEP RIGHT TO DISPLAY AND SELL IN NEW YORK CITY’S PARKS

Phillips Nizer LLP persuades appeals court to enjoin enforcement of new rules

Phillips Nizer LLP - Press release - December 17, 2010

Artists, City Duel on Rules

The Wall Street Journal - December 18, 2001 - By Pia Cottan

CENTRAL PARK PORTRAIT EXCHANGE

December 17, 2010 - By Peter Walsh

Bloomberg Administration Continues Harassing Artists Even After Court Injunction - Artists

A Walk In The Park - September 2, 2010

State Judge Upholds Temporary Restraining Order In Park Artist Fight

A Walk In The Park - August 30, 2010

State Hearing On Injunction Against New Artist Park Rules Ends

September 20, 2010. Artists' lawyer Jon Schuyler Brooks questioning artist Gao Min in court on Monday. (Sketch: Peter Walsh)

Manhattan

Two more days of artists’ testimony were heard in New York State Supreme Court Justice Milton A. Tingling, Jr.’s courtroom at 60 Centre Street in Manhattan this week, completing the hearing on a possible Preliminary Injunction against the New York City Parks Department’s new rules restricting artists’ ability to show and sell art in four city parks. Justice Tingling continued the standing Temporary Restraining Order pending his decision and indicated that he will rule on the injunction by next week.

On Monday, September 20, 2010 artists Diane Dua and Gao Min testified. Dua, a plaintiff in the case who has traditionally worked near the Metropolitan Museum of Art in Central Park, showed photographs and stated that she was unable to compete for the reduced number of spaces that the new rules had created. Lines for those spots begin forming in the middle of the night and married couples who work as a team have a distinct advantage. Sheryl Neufeld, an attorney for the New York City Law Department’s Administrative Law Division, asked why Dua didn’t simply move to another location. Dua explained that her loaded pushcart of photographs weighed hundreds of pounds and that it was difficult for her, as a petite woman, to move that cart from location to location, not knowing in advance where a space might be.

Read More:

Hearing On Injunction Against New Park Rules Ends; Justuce Tingling To Rule Soon

CENTRAL PARK PORTRAIT EXCHANGE - September 23, 2010 - By Peter Walsh 

No Documented Street Artist Complaints - Parks Department

A Walk In The Park - September 16, 2010

No Documented Street Artist Complaints - Parks Department

".....pushed during questioning, (Assistant Parks Commissioner Jack T.) Linn admitted that he did not know of any documented complaints against artist vendors by members of the public. This is in direct contradiction to the city’s published revised rules, which state that such complaints were the impetus for drafting the new rules."

"It smells like a license, it walks like a license, it talks like a license," said plaintiffs' attorney Jon Schuyler Brooks last week as he described the Parks Department's new medallion scheme. A temporary restraining order was issued last month against the city. The order prohibits the Mayor and the other defendants from using the new regulations to limit number of the visual artists and the locations from which they vend. Justice Milton A. Tingling, Jr. (above) is hearing the case. The hearing continues at 60 Centre Street- Room 321. (Drawing by Peter Walsh - September 15, 2010)

Manhattan

By Peter Walsh

New York City Parks Department Assistant Commissioner Jack Linn gave unexpected testimony today in Justice Milton A. Tingling, Jr.’s courtroom while under a vigorous cross-examination by artist plaintiffs’ attorney Jon Schuyler Brooks. That testimony is potentially favorable for the plaintiffs’ request for a preliminary injunction blocking enforcement of the revised park rules limiting artists’ ability to display and sell art in four New York City Parks, according to the Central Park Portrait Exchange.

Linn first testified on a large series of photos that he contended showed evidence of artists causing congestion in the parks and reducing the aesthetic experience of being in park space. He noted that Central Park is considered an artwork in its own right and that there are many permanent and temporary artworks and sculptures in the parks. He appeared to claim that artists working in the parks reduced the ability of the public to enjoy these large-scale artworks sited in the parks.

During voir dire for entering the photos as evidence and during cross-examination, Linn admitted that he had directed park staff to shoot particular photos but had only brought a small portion of those photos to court. Judge Tingling asked the city to give the artists’ attorneys access to the other photos. Linn suggested that what he had done was no different than what artists had done with testimony and videos during Monday’s hearing, but Brooks countered that Linn was attempting to claim his photos represented a general situation in the parks while the artists were presenting particular facts of specific moments. At one point Linn suggested that video shown in court on Monday (such as the video taken on Wien Walk by artist Peter Walsh) was staged. That comment was stuck from the record.

Read More:

Assistant Commish Linn Grilled on the Stand In Artists' Hearing

CENTRAL PARK PORTRAIT EXCHANGE - September 15, 2010 - By Peter Walsh

Artists Peter Walsh and Joel Kaye Testify, Hearing to Continue Wednesday

CENTRAL PARK PORTRAIT EXCHANGE - September 13, 2010 - By Peter Walsh

State Issues Temporary Restraining Order Against Parks Dept. Over New Artist Vending Rules

A Walk In The Park - August 27, 2010