For Immediate Release (5/16/98):
provided through OPENAIR-MARKET NET
Mayor Giuliani's disregard for artists' First Amendment rights reached a new low yesterday outside the official opening of his photo show at the Leica Gallery, #670 Broadway. More than 100 police officers, including numerous commanders, inspectors, captains, N.Y.P.D. Intelligence Division officers and a special riot unit were deployed in order to keep a handful of artist protesters from being seen by media or by the Mayor as he entered his show.
Artists arrived for the scheduled protest at 11 A.M. and displayed protest signs and large unflattering portraits of the Mayor inside police barricades that were set up by the police for the demonstration in front of the gallery and near its side entrance on Bond Street. Apparently the proximity of actual artists to the gallery where Giuliani was unveiling his first art show was unacceptable to the Mayor.
A few minutes before Giuliani arrived at 12:30, Inspector Lawrence, the Commanding Officer of the 9th Precinct told the protesters, led by Robert Lederman President of A.R.T.I.S.T., that the barricades would have to be removed and that they would be set up a block away from the gallery. When Lederman pointed out that this violated their basic right to engage in a peaceful protest and that the artists would not accept being removed from the area, the Inspector conferred with Intelligence Division officers from Giuliani's office on the scene. The police then closed off the entire block and told the artists they'd be arrested. Lederman and four other protesters, Wei Zhang, Jack Nesbitt, Thomas Dukleth and Mega Flash a street performer, were handcuffed minutes before the Mayor arrived. The artists were arrested as they peaceably walked in a circle outside the side entrance to the gallery carrying the portraits of Mayor Giuliani. The portraits were confiscated by Intelligence Division police and taken along with the artists to the 9th Precinct.
Five hours later the artists, all of whom were charged with Disorderly Conduct, were released with desk appearance tickets and returned to the protest. During the five hours Lederman and the other artists were in custody the remaining protesters and the barricades were moved by the police five different times, including at one point to Lafayette and West 3rd Street, which is almost two blocks from the gallery.
When Lederman returned to the protest he was informed by Inspector Lawrence that he'd be arrested if he displayed a single sign, gave a speech or walked in front of the Leica Gallery. The police then closed off the entire eastern side of Broadway where the gallery was located, forcing pedestrians to walk to the western side. When other demonstrators arrived at 6 P.M. from the Lower East Side Collective and Times Up to protest the Mayor's destruction of Community Gardens, police swarmed around them arresting another artist, Peggy Hung, and a bicycle activist who asked the police why he couldn't ride on the eastern side of Broadway. Police then physically forced all of the protesters into a pen more than a block away from the gallery at the northwest corner of 3rd Street and Broadway. A riot unit of approximately 40 officers that had remained hidden on Mercer Street was then stationed around the pen and each officer was issued three sets of plastic handcuffs.
At approximately 7 P.M. Giuliani arrived for his second appearance, surrounded by Intelligence Division officers and his security detail. All pedestrian and vehicular traffic was stopped for his arrival. He was rushed into the gallery as protesters, horse from more than eight hours of demonstrating shouted, "Stop Arresting Artists" and "Giuliani Equals Police State". Reporters, protesters and the general public were all prevented from getting anywhere near the gallery by the police.
This was Lederman's thirty second arrest for protesting against the Mayor's artist arrest policy. Wei Zhang, who left China after police destroyed his painting in Tianimen Square, told the 9th Precinct police that he'd never been arrested in China, and that artists there were allowed to sell their paintings on the street without a license.
A.R.T.I.S.T. members plan to join students at Cooper Union on May 27th to protest Giuliani giving a commencement speech there. Students at the art school have been circulating a petition asking that the Mayor not be allowed to address them, citing his terrible record of abusing artists' rights.
Contact#: Robert Lederman (718) 369-2111; E-Mail:<ARTISTpres@aol.com>.
Andrew Miltenberg attorney for the artist plaintiffs in Lederman et al v Giuliani (212) 481-4242 or (212) 223-9008 To read the 2nd circuit decision granting street artists full First Amendment protection go to <http://www.openair.org/alerts/artist/nyc.html>
Mayor's Press Office 788-2958; Parks Comm. Henry Stern 360-1305; Thomas Rozinski, legal counsel Parks 360-1314; William Leurs, Pres. Met Museum 570-3900; Museum Press office 570-3951
*Also see: N.Y. Times Editorial 4/28/98, "Restoring the City Arts Budget"; N.Y. Times 4/24/98, "MOMA to Get $65 Million for Expansion"; NY Times 3/2/98 B1 "Artists Arrested in Protest Near Museum"; Newsday 3/2/98 A7; Village Voice 2/24/98 pg 57 "Chronic Offender"; Newsday 2/26/98 A8; NY Times editorial 3/4/98; Newsday 3/16/98 pg 4. NY TIMES Metro pg 1 3/22/98 "War of the Paintbrushes"; Time Out 4/16-23/98 pg. 39 "Brush With Danger"; N.Y. Times Metro 4/18/98 "Judge Upholds Limit on Artists Selling Pictures Near Museum"; Newsday 4/20/98 cover story "Under Giuliani City Has Repeatedly Stifled Dissent"; N.Y. Times 5/7/98 pg B4 "For Giuliani, A Different Big Picture". "Freedom," Giuliani argued, "is about authority. Freedom is about the willingness of every single human being to cede to lawful authority a great deal of discretion about what you do and how you do it." New York Newsday pg A3 4/20/98 "Taking Liberties / Courts, critics fault Rudy on free speech, public access"
Photos and tape recordings of the arrests available to the media