by Robert Lederman, 11/18/97
provided through OPENAIR-MARKET NET
During the past four years B.I.D.s have waged a ruthless war against freedom of speech on New York City streets. Hundreds of artists were arrested merely for displaying or offering for sale original paintings and photographs. Thousands of works of fine art were confiscated and illegally destroyed by police officers taking their orders directly from the B.I.D.s.
When artists resisted this attack on First Amendment freedom by suing in Federal court, five of the B.I.D.s (The Fifth Avenue Association, The Alliance For Downtown New York, The Madison Avenue B.I.D., The Grand Central Partnership and The 34th Street Partnership) filed an amicus brief hoping to convince a Federal judge that visual art was "unworthy" of First Amendment protection. ["The sale of artwork does not involve communication of thoughts or ideas"-B.I.D. brief filed 2/28/96]. When Giuliani and the B.I.D.s lost the case on October 10th 1996, the mayor appealed to the U.S. Supreme Court. ["An exhibition of paintings is not as communicative as speech, literature or live entertainment and the artists' constitutional interest is thus minimal".-Guiliani appeal to the U.S. Supreme Court, filed 2/25/97] To the relief of the entire U.S. arts community, the Supreme Court rejected this effort to deny First Amendment protection to paintings, photographs, prints, sculptures and the other visual arts.
Now that the 2nd circuit's ruling in Bery et al v. City of New York and Lederman et al v. City of New York #95-9089 is the law, ["Visual art is entitled to full First Amendment protection"] have the Mayor and the B.I.D.s shown any willingness to comply? If anything, the campaign of illegal harassment against street artists has gotten worse.
Now the City has announced its intention to circumvent the 2nd circuit ruling by creating even more restricted streets. Virtually every street newly restricted to artists and other First Amendment protected speakers will be within one of the B.I.D.s involved in the street artist case. The B.I.D.s misrepresent the facts when they claim that "reducing sidewalk congestion" is their goal.
This issue is solely about the privatization of public property, not congestion. Each B.I.D.s stores, theaters, hotels and office buildings, many of them financed by unwarranted tax write-offs, are the prime cause of sidewalk congestion. Will the concrete planters and ad covered "street furniture" soon to be installed on every street "reduce congestion"? If all the street artists in the world were assembled in one place they'd create less congestion than Trump Tower, The Disney Store, Macys or Rockefeller Center alone.
It's not just artists or advocates for the homeless that see a problem with B.I.D.s. According to both City Council reports, a majority of B.I.D. members would immediately quit their B.I.D. if they had that freedom of choice.
B.I.D.s are mini-dictatorships run by real estate interests. Your "Community Courts" and demands for "quality of life" are nothing more than thinly-disguised racism akin to Southern chain gangs. ["Unique in the nation, this court handles only quality-of-life defendants...the Court immediately assigns offenders to community service in Times Square and the neighboring residential community. The BID supervises up to ten offenders daily, supplementing its sanitation crews."-Times Square B.I.D.'s 1997 annual report]. Hitler also reduced "crime" and kept streets "clean" while serving the interests of big business, and, like Rudy Giuliani, was elected by misinforming the electorate, suppressing the facts and playing to racial bigotry. In Rudy you've found a demagogue to fulfill your wildest totalitarian dreams.
Unfortunately there remains an obstacle in your way. We street artists have no intention of giving up our rights. As necessary, we will continue to expose and embarrass you before the media and the public. We will use every technique of non-violent civil disobedience to highlight your misdeeds. Be certain we will challenge any new restrictions you are writing into the vending law both in court and on the streets.
The sidewalks in front of your exclusive properties are the perfect canvas on which to paint your portrait for the world to see. Fifth Avenue, Times Square, Broadway and Madison Avenue can become a forum from which to fight for artists' rights. We will do this not just to protect our interests, but to support freedom of expression throughout the world.
The money you "donate" to the City's art museums, parks and cultural institutions as a public relations investment will not hide the crimes you commit against artists and the public. We will make you famous, not as art patrons, but as enemies of art.
Is there a way to avoid further conflict? Comply with the 2nd circuit and U.S. Supreme Court rulings. Stop misusing the police to violate the U.S. and N.Y. State Constitutions. Tolerate every person's right to use public property for First Amendment protected expression. If not, be prepared to experience ARTIST POWER.
Robert Lederman, President of A.R.T.I.S.T. (718) 369-2111; e-mail: ARTISTpres@aol.com or visit our web site: <http://www.openair.org/alerts/artist/nyc.html>.
Other contact information: Fifth Avenue Assoc. (212) 736-7900; 5th Ave. B.I.D. 265-1310;Times Square B.I.D. 768-1560; Madison Ave. B.I.D. 861-2055; Alliance for Downtown N.Y. 566-6700; Grand Central Partnership 818-1777; N.Y.C. Corporation Counsel (attorneys representing the City) 788-0303; Mayor Giuliani's press office 788-2958; Peddler Task Force 760-8305 ; Wayne Cross and Brett Goodman (attorneys for the artist/plaintiffs 259-8000.
[see: N. Y. Times Metro section 11/12/97 "More Curbs Sought on NYC Business Improvement Districts"; also see both City Council Reports on the B.I.D.s] .
"Culture is as important to New York City as steel is to the city of Pittsburgh," -Rudy Giuliani.