A Walk in the Park: Ray Brown

"In 27 years we've never lost a summons. That should tell you something. We've always abided by the law, " said Barnes.

Sand artist Joe Mangrum holding up summonses totaling $4, 750 in potential fines he received in Washington Square Park - and one in Union Square Park. The artists & musicians had been targeted by the city's new rule that prevents collecting donations near landmarks or monuments in parks. (Photos: Geoffrey Croft/NYC Park Advocates)

Manhattan

By Geoffrey Croft

The City has officially dropped issuing summonses to artists & musicians in Washington Square Park who were within 50 feet of a monument or public art installation.

Street performers had been targeted by the city's new rule that prevents collecting donations near landmarks or monuments in parks. In attempting to prohibit and restrict this activity in the park, the Bloomberg administration tried to classify these performers as vendors. The city began issuing tickets under the Parks Department's new Expressive Matter vending rules and had instructed Park Enforcement Patrol officers to write tickets which included unlawful vending and unlawful assembly.

More than a dozen tickets were either thrown out by the court or withdrawn by the Parks Department in December and January.

In February a Parks spokesperson said that 59 Notices of Violation were issued in calendar year 2011 in Washington Square Park. 23 were dismissed after a hearing, of those nine were in various states of appeal or challenge by Parks Department. The agency said that three of the appeals pertained to the performers Tic & Tac from the Bronx.

Tic and Tac from the Bronx have been performing in Washington Square Park for more than 25 years. The tickets issued to them keep getting thrown out in court.

The Parks Department said 9 of the tickets were administratively withdrawn by Parks, 10 were found in violation (guilty) - 10 were pending decisions after hearings, 7 are in default (respondent did not appear in court and has not paid the Notice of Violation.

Critics asserted that the enforcement was a violation of the First Amendment, the vending rules were not applicable and were being enforced arbitrarily. The rule also severely limited the areas in the park where these free speech activities could be done.

At a December hearing the ECB dismissed seven summonses issued to Collin Huggins, his remaining two tickets for "Unlawful Vending" were dismissed by the Parks Department prior to the hearing by mail. In multiple letters sent to the ECB, Assistant commissioner and head of Park Enforcement Mike Dockett admitted that the law the did not apply to Washington Square Park.

Mr. Huggins said he had also been threatened with arrest by PEP Commander Ray Brown.

The city had been in negotiations with Civil Rights attorneys Ron Kuby and Norman Siegel after a December 4, 2011 press conference.

In January we reported that the city had stopped issuing summonses after the public outcry. (The Parks press office denied it) In December the City adjourned the tickets until at least January 31st.

According to Mr. Kuby the City/Parks Department took the position that as long as musicians were not "vending" from "stands," they are free to play - subject to crowd control and other relevant regulations. The musicians will no longer be written summons's for seeking donations as long as they follow the above rules. The Parks Dept. is encouraging people to apply for permits to avoid excessive crowds and conflicts with other scheduled events.

"I'm very happy that the City and the Parks Department, and the artist community have reached a Modus Vivendi," said Mr. Kuby.

On December 21st, an administrative law judge at the city’s Environmental Control Board threw out a summons issued on October 23 to Kareem “Tac” Barnes, 36, who had been performing an acrobatic dance and comedy routine with his twin brother "tic" in Washington Square Park's fountain.

The judge found that they were, "not engaged in an activity that required a permit."

The brothers, known as Tic & Tac - who hail from the Bronx - have worked with Michael Jackson and have toured with Alicia Keys. They have been performing in Washington Square Park for more than 25 years.

Mr. Barnes said all of the approximately 15 summonses they received in 2011 - totaling almost 10, 000 worth of fines - were dismissed.

"In 27 years we've never lost a summons. That should tell you something. We've always abided by the law, " said Barnes.

"They take advantage of those who do not know." I love what I do. This is an art form and as long as I'm able to perform this is what I'll be doing."

He said he was not aware that the Parks Department was appealing any of their tickets.

"The judge said (Parks) can appeal all they want but the law is the law,"

Sand artist Joe Mangrum received six summonses including five in Washington Square Park and one in Union Square Park.

"That's great," Joe Mangano said in reaction to having all six of his tickets dismissed. "They were enforcing rules that weren't in effect in Washington Square Park."

"Parks does not to want performers coming in and making money, " said an officer who spoke on the condition of anonymity."

In a controversial move earlier in the year the city had city also had attempted to prohibit performing near Central Park's Bethesda fountain.

"The Expressive Matter Vending Rules do apply in Washington Square Park and they do apply to performers and musicians who play in exchange for donations," according to a Parks Department spokesperson. "The Expressive Matter Vending Rules (at 56 RCNY 1-05(b)((5)(vi)) prohibit expressive matter vendors from placing display stands within 50 feet of a monument or public art installation. An expressive matter vendor who sets up within 50 feet of a monument or public art installation – without a display stand – is not in violation of this provision.

By The Numbers: According to the Parks Department:

59 Notices of Violation were issued in calendar year 2011:

23 were dismissed after a hearing (9 of these are currently in various states of appeal or challenge by Parks).

9 were administratively withdrawn by Parks

10 were found in violation (guilty).

10 are pending decisions after hearings.

7 are in default (respondent did not appear in court and has not paid the Notice of Violation.

A Walk In The Park - January 2, 2012

Crowd Denounces Parks Dept. Washington Square Park Performer Crack Down

A Walk In The Park - December 22, 2011

Bloomberg $ Cracks Down On Performers In Washington Square Park Ticket Blitz

A Walk In The Park - December 4, 2011 - By Geoffrey Croft

ROP ------ Pianist Colin Huggins of Manhattan plays Franz Liszt's piece Un Sospiro on his personal piano near the arch in Washington Square Park.

Pianists at Washington Square Park like Colin Huggins, 33, and other street performers have been targeted by the city's new rule that prevents collecting donations near landmarks or monuments in parks. Mr. Huggins has recently been issued nine tickets. He has also been threatened with arrest by PEP Commander Ray Brown. (Photo: Bryan Smith/NY Daily News)

Mr. Huggins, a classically trained pianist, spends twenty minutes moving his piano from a nearby storage to Washington Square Park.

For more than a century, Washington Square Park has been one of the city's most important cultural epicenters for public expression. The park has been home to thousands of talented musicians, street performers and artists who contribute to the cultural fabric of New York City.

Bob Dylan and Joan Baez are just a few of the noted names who have performed in the historic park.

In an attempt to prohibit and restrict this activity in the park, the Bloomberg administration is attempting to classify these performers as vendors. They recently began issuing tickets under the Parks Department's new Expressive Matter vending rules and have instructed PEP officers to write tickets which include unlawful vending and unlawful assembly.

Critics assert this enforcement is a violation of the First Amendment, they say the vending rules are not applicable and are being enforced arbitrarily. The rule also severly limits the areas in the park where these free speach activites can done.

At a press conference in Washington Square Park on Sunday, Joe Mangrum, a sand painter, held up the six summonses he's been issued by the Parks Department under a crackdown by the Bloomberg administration. Five tickets were issued in Washington Square Park and one in Union Square Park totalling $4,750 in fines. (Ivan Pentchoukov/The Epoch Times)

Over the least few months at least 21 tickets have been issued in Washington Square Park, however when asked to provide the number Manhattan Parks Commissioner Bill Castro put the number at 12.

On Sunday the Parks Department also erroneously stated the new vending rules have been in effect since last year when if fact have been in effect since May 2011 when 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 the Summer 2010.

Tourists and locals alike flock to the park, not only to admire the noted architectural elements amidst the pastoral beauty, but also to enjoy the performers and take part in a uniquely New York experience. Some people specifically come to the park to hear and see performances, to take a few minutes to rest and enjoy the sights and sounds.

Since the 1940′s Washington Square Park had been an epicenter for folk music. In 1961 the Washington Square Association, along with then Parks Commissioner Newbold Morris attempted to ban folk singing arguing that the park should be "tranquil and quiet." Police were ordered to remove performers and bystanders from the park. On Sunday, April 9th, close to 3, 000 “Beatniks, ” including a 19-year-old Bob Dylan, came to the park to play their music in opposition of this ban. The event came to be known as the Beatnik Riot, or Washington Square Folk Riot. The ban was eventually lifted after protests.

On Sunday attorney Ron Kuby read a April 6, 2011 letter from Mayor Bloomberg supporting the 50th anniversary celebration of the Riots which people strongly belived was not consitant with his current position regarding the crackdown of performers in the park.

"Music has always been at the heart of New York City," the letter states.

"From folk to hard rock, from Jazz to hip-hop, we are proud to be home to so many musicians and venues that have inspired artists of every genre. That is why I am pleased to join you in applauding the folk performers who changed music, our City, and our world beginning a half a century ago."

In a highly controversial move earlier this year the city had attempted to prohibit performing near Central Park's Bethesda fountain.

"Parks does not to want performers coming in and making money, " said an officer who spoke on the condition of anonymity. - Geoffrey Croft

A three-year-old drops change into a donation bucket while sand artist Joe Mangrum creates one of his beloved pieces. Mr. Mangrum has recently been issued six tickets under a crackdown by the Bloomberg administration.

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

Manhattan

STREET PERFORMERS are singing the blues after the city instituted hefty fines for collecting donations near landmarks or monuments in parks, according to an article in the New York Daily News.

The new rule, which quietly went into effect two months ago, violates freedom of speech, bummed-out buskers and civil liberties advocates told the Daily News last week.

“It’s artistic free speech, and not panhandling or begging,” said Kareem Barnes, 36, of the Bronx, a member of an acrobatic dance troupe that has performed near Washington Square Park’s empty fountain for the last 25 years.

Under the new rule, performers cannot collect donations within 50 feet of a landmark or monument. They face a $250 fine for the first offense, but the fine can rise to $1,000 in subsequent summonses.

City Parks Department says the rule protects performers and park visitors.

Performers “don’t have to leave the park, but [must] be in an area that doesn’t prevent the public from enjoying the amenities in the park,” Manhattan Borough Parks Commissioner William Castro said.

Tic and Tac from the Bronx have been performing in Washington Square Park for more than 25 years. The tickets issued to them keep getting thrown out in court.

"The park is for everyone, for the general public not for [Barnes] whose sole purpose is making money."

Barnes said he has been slapped with nearly $10,000 in summonses in the past two months — but an Environmental Control Board judge dismissed the fines after he argued his constitutional rights.

"This is how we make our living," said Barnes, who has performed at Yankee Stadium and with singers Alicia Keys and Michael Jackson. He said the parks fountain is one of the most lucrative public performance spaces in the world for street artists and he has no plans to leave.

Castro said under the new rule, the Parks Department has issued 12 summonses to performers in Washington Square Park, but the artists and advocates say the number is much higher.

"Anywhere you are in Washington Square Park you are within 50-feet of a monument," said Joe Mangrum, who has been creating sidewalk art using colored sand in the park since 2009 and only recently he was slapped with his first of six summonses totalling $4,750 in fines.

"Basically, a public park has been regulated to a point where free speech doesn't exist," said Mangrum.

Atleast one prominent New Yorker said he disagrees with the new rules and he plans to help the performers re-claim the public space.

"This has historical significance. Once again, Mayor Bloomberg's desire to regulate everything, especially to regulate fun, means he cobbles together a legal rational based on the crazy idea that tourist in Washington Square Park want an unobstructed view of the fountain," said park-goer and noted civil rights attorney Ron Kuby. "The tourist attraction is people preforming at the fountain."

"C'mon Mike. Stop, just stop," said Kuby, He added that he would be willing to meet with the performers and help them challenge the summonses in court.

“Performers bring life, culture and safety to our parks, and yet the city is harassing and trying to intimidate them,” said Geoffrey Croft, head of NYC Park Advocates.

“This Bloomberg policy is an embarrassment to the city and must stop immediately.”

But not all performers disagree with the new restrictions.

"I think their is room for all things here, both attainment and inanimate," said Jacob Green, 24, member of the acapella group "The Winter Wonders," who serenaded park-goers with a version of "Jingle Bells," one recent afternoon, less than 20 feet from a monument to noted engineer Alexander Lyman Holley.

"If you have performers, I understand the rational" he said. "It hasn't effected me yet but when I get in trouble, maybe I will have a different point of view."

But some visitors claim the performers are part of the charm of the park and people have a right to showcase their talents in public, even if it's within sight of a landmark.

"Tourists come to see the performers," said Dania Bdeir, 22, an NYU student and park regular since arriving in the city from Lebanon two months ago. "In my country they don't have street performers. That's what makes this city so special. You can walk around and see people singing and dancing."

Union Square Park Fountain. The city is trying to enforce new expressive matter vending rules which state you can not be within 50 feet of monuments and 5 feet from benches. Apparently those rules do not apply to the Holiday Market vendors in Union Square Park and Columbus Circle who pay the city more than a million dollars annually. Unlike the performers who spend a few hours a week in the park, these commercial enterprises occupy parkland 24/7 for more than 7 weeks a year.