Veteran Vendor bust Met beef

A disabled vet, Dan Rossi, was busted for disorderly conduct and obstructing traffic as part of an enforcement sweep in front of the museum, according to the NY Post.

"Veterans Day is over. They've stopped waving their flags and now it's back to screwing the vet," Rossi, 69, said moments before he was arrested.

"If this were a law, they'd have been nailing us for it every day before this. They made this up this morning."

Police and Parks Department officials would not say why Rossi and others have been allowed to sell there for months without incident.

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Veteran Vendor bust Met beef
New York Post - November 25, 2009

Background:

A Prominent Collection at the Met: Food Carts
New York Times - August 21, 2009

A Pushcart Vendor Defies a City, With Persistence and Hot Dogs
New York Times - December 19, 2007

Did The NYPD Alienate Parkland in Front of Metropolitan Museum of Art Without State Legislation?

(Left): Hot dog vendor and disabled U. S. Marine Corps Veteran Dan Rossi is arrested yesterday in Front of the Metropolitan Museum as part of a police crack down on vendors without permits. A 19th-century law allows war veterans to vend without permits in certain areas including parks. (Photo: Dan Brinzac)

According to vendor Dan Rossi, the NYPD said the area in front of the Metropolitan Museum of Art between 79th street and 84th street was no longer city parkland but instead a city street. According to Mr. Rossi, this is the second time since August that the Bloomberg administration and the NYPD have made this charge. By law, any change of parkland ownership would require an act of State Legislation, with permission from the City Council - to alienate the land. A Walk In The Park checked, but was told that no such legislation has even been presented.

Mr. Rossi was arrested on Tuesday for the first time after battling the city for more than fifteen years. By his account the city violated the First, Fourth Amendments and section 1983 of the Civil Right Act. More on this story to come.

Artist Arrested on Highline, DPR's Mea Culpa

(Left): Robert Lederman's display of artwork on the High Line on Saturday afternoon.

Robert Lederman, president of the street artists rights group A.R.T.I.S.T. (Artists Response To Illegal State Tactics) was arrested for selling art at the High Line esplanade from the display (left). The High Line is located in the heart of the city's art community.

The arrest was made on Saturday afternoon by Park Enforcement Patrol (PEP). It has long been established that selling art in NYC Parks is protected by law. Mr. Lederman has won 5 Federal lawsuits on street artists First Amendment rights for which millions of dollars has been paid out in legal fees and settlements. According to Mr. Lederman, he was repeatedly threatened with arrest by Friends of the High Line (FOHL) employees. FOHL did not return a call for comment.

Below is a Press Release from Robert Lederman and a follow up statement from the Department of Parks and Recreation (DPR).

Press Release
November 21, 2009

Robert Lederman, president of the street artists’ rights group A.R.T.I.S.T. (Artists’ Response To Illegal State Tactics) was arrested on the 14th Street section of the Highline Park on Saturday, at approximately 3:30 PM. Lederman was issued 5 summonses, handcuffed and taken to the 6th Precinct by PEP (Park Enforcement Patrol) officers, after employees of the Highline Park called police. This is Lederman’s 42nd arrest.

Lederman was on the Highline displaying and selling original fine art prints of his NYC scenes. Between 1994 and 2001 Lederman won 5 Federal lawsuits on street artists’ First Amendment rights. Among them was a 2001 Federal Appeals court ruling (Lederman et al v Giuliani), which established that visual artists can sell in any NYC park without a license or Parks permit, based on First Amendment freedom of speech.

Summonses were issued for the following: Vending without a Park permit; failure to comply; disorderly conduct; failure to comply with directions of officers and unauthorized vending.

Lederman was released from the 6th Precinct around 6:30 PM and made the following statement:

“The Parks Department has done a very poor job of educating their employees about the legal issues involving First Amendment rights, artists and parks. Before any of these summonses were issued or any arrest was made I repeatedly explained to Highline employees and PEP officers that a court order was in effect and that artists freely and legally sold in all NYC Parks without a license or permit. I also showed them articles from the NY Times and NY Post describing this exact court order.

The wealthy people who paid to create the Highline seem to have forgotten that it is still a public park. The US Constitution remains in effect there, as do the street artists’ rights described in numerous 2nd circuit Federal Court orders. These court orders are constantly being violated by the Parks Department. This is a blatant example of contempt of court, false arrest and chilling of free speech in the name of privatization.”

Contact:
Robert Lederman
artistpres@gmail.com
http://groups.yahoo.com/group/nycstreetartists/

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

Parks Department 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.” —DPR Statement issued November 23, 2009.

Our prediction - All the tickets will be dismissed and Mr. Lederman will sue for false arrest and city's taxpayers will forced to pay, again.

Background

Judge Bars Permit Requirement for Art Vendors
NY Times - August 11, 2001

NY Times on Parks Dept artist permit ruling

NY Post on street artist Federal Court ruling

Street artist Federal court rulings

Free Speech Flap in Asser Levy Park. DPR Deems Five People "Organized Assembly." Parks Department Gave Out "False Information" NYPD Speculates

Left: Residents were prevented from distributing fliers on two separate occasions in Asser Levy/Seaside Park in Brooklyn.

On July 16, five Brighton Beach residents were prevented by the NYPD from handing out flyers and collecting signatures in opposition to Marty Markowitz's $64 million plan to build a 8,000 seat tax paxer funded amphitheater in the middle of a residential park and community. The residents were told by the NYPD they had to go outside of Seaside Park in Brooklyn. This was the second time opponents of the plan were prevented from distributing fliers inside the park.

When contacted by Bay's New's Joe Maniscalco who witnessed the incident, Parks Department flak Phil Abramson said, “Generally, people can hand out leaflets [inside the park]. In this case, it was deemed an organized assembly which does require a permit.” 1st Amendment flap at seaside Summer Concert Series.

Mr. Abramson apparently declined to say exactly who "deemed" five people in a 7 acre park an organized assembly - Alessandro Olivieri, Adrian Benepe, Corp. Council, Marty Markowitz?

After the incident NYC Park Advocates (NYCPA) contacted the New York Civil Liberties Union (NYCLU) who arranged a meeting the following week between NYPD's legal department and a representative from the community and NYCPA. The NYPD lawyer reaffirmed what was very clear - such activity was protected under the First Amendment and perfectly legal.

"You have absolutely every right to do that," the lawyer said before apologizing. "Most likely what happened was that we were given false information by the parks department."

It would be helpful if the Bloomberg admimisration held the parks department accountable the instructed to gave out accurate information to the press, and not to mention in this particular case to the police department. We hope this isn't the beginning of Phil Abramson's road to mimicking predecessor Jama Adam's behavior in the veracity department. We hope.

Just because the mayor does not demand accountability from the parks department doesn't mean the public feels the same way.

A thank you to the NYCLU and the NYPD's legal department for helping to solve this matter.


Read More:

1st Amendment flap at seaside Summer Concert Series
Yournabe.com - July 22, 2009