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THIS IS WHAT I’M FIGHTING FOR!

From: Robert Lederman New York January, 2011

This is what I’m fighting for

Today I was forwarded a short video about a recently joined ARTIST member, Peter Pryor. It was very refreshing to listen to someone who understands the opportunity and freedom of being a street artist; who has no territorial illusions about owning a vending space on public property; who is not looking to eliminate the competition from other vendors, artists or art vendors; and who genuinely appreciates what the ARTIST group has done to make this right freely available to him.

This is a perfect example of exactly what I’m fighting for and of what the ARTIST group represents. This is FULL First Amendment freedom.

—————————————–

December 17, 2010

A NY State appeals court judge has just issued a temporary stay
on removing the TRO (Temporary Restraining Order)
in Dua et al v Parks Department.

That means that until at least January 7, 2011, the Park rules
limiting the number of artists in 4 Parks and limiting where the
artists in those 4 parks can sell to the medallion marked
spaces cannot be enforced.

All the other revised park rules can still be enforced.

On or about January 7 the appeals court will consider
whether to uphold Judge Tingling (who just put the park rules
back in effect) or to reverse his ruling.

In the meantime, please try to not give the Parks Department
any opportunities to collect video or photo evidence of artists
congesting, blocking or damaging anything in parks.

Robert Lederman
artistpres@gmail.com

—————————

December 16, 2010

State Court Judge Removes Temporary Restraining Order,
Denies Injunction in Dua et al v Parks Department
12/15/2010

A NY State Court Judge has withdrawn a Temporary Restraining Order and denied a Temporary Injunction to 9 artists in Dua et al v Parks Department.

The artists, represented by the law firm Phillips Nizer, had claimed that the revised Park rules for Artists discriminated against the elderly and women and that the longstanding “first come-first served” system of distributing vending spots to artists was unfair.

The judge rejected the Dua plaintiffs claim that “first come first
served” is unfair and that it discriminates against the elderly and
women.

However, the judge indicated that he sees merit in the arguments that the Park rules were not created to protect public safety or to prevent aesthetic harm to the parks.

You can read the judge’s entire ruling here:

http://www.scribd.com/doc/45350354/Dua-v-City-of-New-York-12-8-10-State-Court-Decision-Denynig-Preliminary-Injunction

This ruling does not in any way end the lawsuits by artists against
the revised Park rules. The judge’s ruling simply removes the stay on enforcing the Park rules.

There are 3 lawsuits still pending against them, all 3 of which will
go to trial in 2011.

Two are in Federal Court and one is in State Court.

The first filed was Lederman et al v Parks Department.

The 2nd was Dua et al v Parks Department.

The 3rd was Dua et al v Parks Department

Link to text of revised Parks Department rules for artists as
published in The City Record on June 18, 2010:
http://www.nycgovparks.org/sub_about/rules_and_regulations/rr_rules_regulations.html
OR here:
http://www.scribd.com/doc/33230387/Parks-Dept-Rule-Change-for-artists-6-10-2010

Expressive Matter Vendors FAQ from Parks Department
http://www.nycgovparks.org/sub_about/rules_and_regulations/rr_rules_regulations.html
Or here:
http://www.scribd.com/doc/33234963/Expressive-Matter-Vendor-Faq

* Robert Lederman’s written testimony submitted at the Parks
Department hearing on 4/23/2010. Has numerous photos as evidence of the real Parks Department agenda of privatization and concessions replacing artists
http://www.scribd.com/doc/32399532/Lederman-Testimony-Submitted-to-Parks

*2010 Holiday Vending Market in Union Square Park
http://www.scribd.com/doc/42641529/Holiday-Market-2010-USP

* Park conservancy salaries, concessions and corruption
http://www.scribd.com/doc/34344075/Park-Conservacy-Salaries-concessions-corruption

* Summary of the basic issue
http://www.scribd.com/doc/31614042/Parks-Department-vs-Street-Artists-With-Photos

* Real Cause of Congestion in NYC Parks and on Streets – Is It Street Artists or The Mayor?
http://www.scribd.com/doc/33506203/Real-Causes-of-Congestion-in-NYC-Web-Version

***Who is really causing congestion in Union Square Park? Is it
artists or the Parks Department’s corporate events, vending
concessions and the Greenmarket? Watch these 2 comparison videos and decide for yourself:

5/30/2010 Taiwan Festival in USP and artists
http://www.youtube.com/watch?v=yr4i_SHUj6I

5/22/2010 Greenmarket and artists in USP
http://www.youtube.com/watch?v=vRVsv_E1Iqc

* Sukkah City competition Union Square Park 9/19/2010 photos by R Lederman
http://www.scribd.com/doc/37732963/Sukkah-City-Competition-Union-Square-Park-9-19-2010
Video of Sukkah City by R Lederman
http://www.youtube.com/watch?v=ur8xED6pwUY
Bloomberg and Sukkah City
http://www.scribd.com/doc/37885177/Bloomberg-Sukkah-City

*Selling naming rights in NYC Parks
http://www.scribd.com/doc/44230382/Naming-Rights-in-Parks-for-Sale

*Union Sq Greenmarket violates all park rules for public safety
http://www.scribd.com/doc/33300320/Union-Square-Park-Green-Market-6-19-2010-by-RL

http://www.scribd.com/doc/33894120/Evidence-File-4

* Union Sq Park Greenmarket maps
Compare the amount of space for them vs for artists
http://www.scribd.com/doc/33318520/Union-Sq-Park-GreenMarket-Maps

* Union Square Partnership solicits for corporations
http://www.scribd.com/doc/34643226/UNion-Sq-Partnership-Solicits-for-Corporations

* Union Square Partnership BID promotes 60 restaurants, 20 wineries
where artists now banned
http://www.scribd.com/doc/36010343/USP-Restaruant-Promo

* Park privatization expose
http://www.scribd.com/doc/36086576/Park-Privatization-Expose

* Corporate promotions part A USP 6/29/2010
http://www.youtube.com/watch?v=dIAkL3V2IqM

* Corporate promotions part B USP 6/29/2010
http://www.youtube.com/watch?v=B7tghq1sJyw

* High Line-TARGET fashion show
http://www.scribd.com/doc/36010575/HighLine-Target-Fasion-Show

* Marked spots for artists in Union Sq Park are both illegal
(according to the new park rules) and totally useless for vending
http://www.scribd.com/doc/33889545/Evidence-File-5-Mock-Set-Ups

* Art stands in Union Sq Park sprayed with water by Parks Department every day
http://sharing.theflip.com/session/42921abb44ab0dcec01ee4281b78ba09/video/16753508

* Marked spots in Union Sq Park are where the NYPD have parked their cars for many years
http://sharing.theflip.com/session/54232e97b5fcee4c8335bd0be4e9d1e2/video/16753395

* Three videos of marked vending spots in Union Sq Park showing that they are unusable
http://www.youtube.com/watch?v=HDHJT8J4CsA

http://www.youtube.com/watch?v=iiqf9pQ8FX0

http://www.youtube.com/watch?v=CrEjTl7xGaA

* Parks Department solicits for huge Christmas Tree vending
concessions that violate all public safety rules
http://www.scribd.com/doc/34149564/Christmas-Tree-2010

* Park Commissioner Benepe promotes Shake Shack chain, owned by Danny Meyer, founder of the Union Square Partnership BID
http://www.scribd.com/doc/36256635/Benepe-Danny-Meyer-Promote-Shake-Shack

* 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

* How NYC Street Artists Won Our Rights
http://www.scribd.com/doc/30543412/How-NYC-Street-Artists-Won-Our-Rights

* Times Square BID Solicits for Vending Concessions in Pedestrian Mall
http://www.scribd.com/doc/30775181/Times-Sq-BID-Concession-RFP

* Request for BIDs for new Union Sq Park Café
http://www.scribd.com/doc/31557560/Union-Square-Cafe-and-Kiosk-RFP-28FINAL-29

* Parks Department/Union Sq Partnership BID Solicits for 200 stand Holiday Market Vending Concession in Union Square Park
http://www.scribd.com/doc/30773226/Union-Square-Holiday-Market-Solicitation

* Columbus Circle Holiday Vending Market
http://www.scribd.com/doc/33967392/Columbus-Circle-Holiday-Market-2010-Application

* Parks used to enhance surrounding real estate values
http://www.ny4p.org/pdfs/reports/SupportingOurParksJune8.pdf
Or here:
http://www.scribd.com/doc/33087067/Supporting-Our-Parks-June-8
EXCERPT:
“The park [Central Park] added $17.7 billion in incremental value to surrounding properties.”

* Parks Dept/Madison Square Park Conservancy solicit for huge vending market
http://www.scribd.com/doc/32324536/MadSqMarkt2010

* Park conservancies getting huge salaries from City money-Daily News
http://www.scribd.com/doc/34180998/Park-Conservancies-Get-PAID

* 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

* Cupcake Cart Concession, Washington Sq Park (Note the sidewalk congestion caused by this concession and how it violates numerous Parks Dept rules concerning width of sidewalk, vending over a grill etc)
http://www5.snapfish.com/snapfish/thumbnailshare/AlbumID=1540748028/

* 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

* NYU Law School rejects Park rules proposal
http://www.scribd.com/doc/30701886/CityLaw-Rejects-Park-Rules-Proposal

Union Square Community Coalition rejects Park rules proposal
http://www.scribd.com/doc/30665784/USCC-Artist-Letter-4-22-10-USCC

NYCLU Rejects Park rules proposal
http://www.scribd.com/doc/30867894/NYCLU-Rejects-Park-Rules-Proposal

Park Commissioner started as illegal food vendor in Central Park
http://www.columbia.edu/cu/alumni/Magazine/Fall2002/Benepe.html

* Video of ARTIST protest by Sasha Sazanov
http://www.youtube.com/watch?v=YHZz0UPgfXw

* Video of Protest/hearing by Susan
http://sharing.theflip.com/session/62aedc2192343a32654920bfeb445d47/video/13190787

NY Times
http://cityroom.blogs.nytimes.com/2010/07/19/vendors-thumb-nose-at-city-restriction/

NY Observer 7/28/2010 New Parks Regulations Slap Street Artists
http://www.observer.com/2010/culture/new-parks-regulations-slap-street-artists

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_cUZFEFAlaTDXX1eftvUSxL

NY Law Journal; lead article, cover. Also has judge’s entire ruling
http://www.scribd.com/doc/34585240/NY-Law-Journal-on-Injunction

Videos of 7/19/2010 protest and sell-in Union Sq Park
http://www.youtube.com/watch?v=ZHT7iV5Pusk
http://sharing.theflip.com/session/029142a72eecedb9abc79efe29396af1/video/16468588
http://sharing.theflip.com/session/816ffebe09b5b80ae5ac8a5cc1a1be3f/video/16456222
http://sharing.theflip.com/session/816ffebe09b5b80ae5ac8a5cc1a1be3f/video/16456270
http://sharing.theflip.com/session/816ffebe09b5b80ae5ac8a5cc1a1be3f/video/16456154
http://sharing.theflip.com/session/816ffebe09b5b80ae5ac8a5cc1a1be3f/video/16456441
http://sharing.theflip.com/session/b5de1b1add9fad38785f18757449a163/video/16468500

http://www.dnainfo.com/20100719/gramercy-flatiron-union-square/artists-protest-citys-new-vendor-restrictions-union-square-park

* Lawsuit filed on June 18th to prevent enforcement of Park rules.
Plaintiffs Robert Lederman and Jack Nesbitt. [Docket #10CV04800 Southern District Federal Court]. Lederman et al v. New York City Department of Parks and Recreation et al

Link to full text of complaint:
http://www.scribd.com/doc/33253915/COMPLAINT-Park-Rule-Web-Version
http://lawprofessors.typepad.com/conlaw/2010/06/street-artists-in-new-york-city.html

>>> 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, filed in Manhattan federal court, asks the court to
declare the proposed regulations unconstitutional and award legal fees to the plaintiffs: Robert Lederman, the president of artist advocacy group A.R.T.I.S.T., and artist Jack Nesbitt.

Lederman filed a similar lawsuit against the administration of
then-mayor Rudy Giuliani in 2001, winning protections for artists selling their work in front of the Metropolitan Museum of Art, said his lawyer, Julie Milner.

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

* NY Times 4/24/2010 (go to site for photos)
http://www.nytimes.com/2010/04/24/nyregion/24parks.html?ref=nyregion

* 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

*** NY1News coverage of 4/23 ARTIST protest
http://www.dailymotion.com/video/xd2dsw_3-24-2010-park-protest_creation
(Important: Watch video and listen to Mayor Bloomberg pretend that this issue is about hot dog vendors, not artists. They must be
desperate to do that much spinning!)

* WPIX Channel 11 News NY
http://www.wpix.com/news/local/wpix-art-vendors-protest,0,1765205.story

OR, see it here:
http://www.dailymotion.com/video/xd2fn4_channel-11-artists_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

* 1010WINS Radio News
http://www.1010wins.com/Hundreds-Protest-NYC-Proposal-to-Limit-Art-Vendors/6877955

* DNAinfo
http://www.dnainfo.com/20100423/manhattan/hundreds-protest-plan-limit-vendors-selling-art-parks
(Excellent photo slideshow)

* CURBED Hundreds Protest Plan to Limit Vendors Selling Art in Parks Updated 2 hrs ago April 23, 2010
http://ny.curbed.com/archives/2010/04/23/artists_creatively_trash_bloomberg_at_rally_against_park_rules.php

(Has good photos from the protest)
Artists Creatively Trash Bloomberg at Rally Against Park Rules

* 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

* Earlier Media Coverage of This Issue
http://www.nytimes.com/2010/04/17/nyregion/17artists.html
NY Times April 16, 2010
City Seeks to Limit the Flocks of Art Vendors at Popular Sites in Parks

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

NY Post April 16, 2010
http://www.nypost.com/p/news/local/manhattan/city_seeks_park_curb_art_vendors_QXw8c2IjoDYBj3LJ6LGShN

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 Times City Room April 9, 2010
In Fight for Art Vendors, a Look to the Past Proof that the Parks Department ran a 160 stand art concession on Central Park South
where they now claim only 5 artists can sell due to “public safety” issues.
http://cityroom.blogs.nytimes.com/2010/04/09/in-fight-for-art-vendors-a-look-to-the-past/#more-157209

NY1 News
http://www.ny1.com/6-bronx-news-content/ny1_living/115958/vendors-critique-parks-officials–new-rules-for-street-art

NY Daily News
http://www.nydailynews.com/ny_local/2010/03/27/2010-03-27_parks_draws_up_plan_to_erase_artists_displays.html

* 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.)

Documentary on Union Sq Park as a center for political activism
http://www.youtube.com/watch?v=CHXlLomoXIM

DOT admits Greenmarket is actual the cause of congestion in USP
http://www.youtube.com/watch?v=X-yniD3LGBI

A Walk in the Park website
http://awalkintheparknyc.blogspot.com/2010/03/art-vendors-criticize-parks-officials.html

Lederman et al v Giuliani (2001) ruling overturning Park permits for artists Full ruling
http://www.scribd.com/doc/33173357/Lederman-v-Giuliani-Ruling
http://bluecollarpolitics.com/lederman/giuliani-artist-2001-ruling.html

Injunction in Lederman et al v Giuliani
http://www.scribd.com/doc/33173361/LvG-Injunction

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

Parks Commissioner, Adrian Benepe
Adrian.Benepe@parks.nyc.gov
212 360-1305
Alessandro Olivieri, Parks legal counsel
Alessandro Olivieri@parks.nyc.gov

212 360-1313

————————————

To contact Robert Lederman use this address ONLY:

artistpres@gmail.com