3/2/98
For immediate release: 3/6/98.........UPDATE:
by Robert Lederman, President of A.R.T.I.S.T. (Artists' Response To Illegal State Tactics).
provided through OPENAIR-MARKET NET
The street artist demonstration against an artist-permit system is now in its 11th day. Parks Enforcement police continue to make daily illegal confiscations of art in blatant contempt of the Federal Court ruling* that says artists do not need a license or permit, and continues to focus its enforcement most heavily on female, African American and Asian artists. Between 10 and 30 Parks Enforcement officers and an additional 5 to 15 N.Y.P.D. officers are on permanent duty at any one time guarding the artists.
Each day, Chief Brash the head of Parks Enforcement and Thomas Rozinsky, legal counsel for Parks, inspect the area [usually between 11 A.M. and 1 P.M.], make cell phone calls to the Arsenal and Mayor Giuliani's office and supervise a sweep of confiscations. On Thursday they personally performed the confiscating, carrying armfuls of art to be placed into black plastic garbage bags. Each wave of repression is met by the artists with the chanting of political slogans, the blowing of whistles and an invitation to confiscate more art. No confiscations are made when media representatives are present.
The Met Does Nothing to Help the Artists. The following is a partial transcript of a N Y 1 INSIDE CITY HALL 3/3/98 interview with Henry Stern, Commissioner of The Department of Parks on the street artist protests, artist arrests and daily confiscations of original art outside the Metropolitan Museum of Art.
Interviewer: "A spokesman for the Met has said they would have preferred that the policy [allowing artists to sell their work based on First Amendment freedom] not be changed."
Commissioner Stern: "The Met is of two minds on this issue. Some people feel this way, other people thank us privately for doing what we're doing. There are a lot of artists on the Met's staff and they have fears that whenever any artist is regulated that it's a Police State."
Interviewer: "What do think of the folks who say the Giuliani administration has gone too far?"
Stern: "I think they haven't gone far enough".
In the interview Commissioner Stern also described his policy on art, saying that the artists in front of the Met, "...can draw anything they want, they can paint anything they want, free, no permit anytime, but when you sell that's money and that should be [regulated]."
Compare Commissioner Stern's version of the law with the 2nd circuit ruling in the street artist case:
* "The City's requirement that appellants be licensed in order to sell their artwork in public spaces constitutes an unconstitutional infringement of their First Amendment rights...paintings, photographs, prints and sculptures, such as those appellants seek to display and sell in public areas of the City, always communicate some idea or concept to those who view it, and as such are entitled to full First Amendment protection...The City further argues that appellants are free to display their artwork publicly without a license, they simply cannot sell it. These arguments must fail. The sale of protected materials is also protected." -Bery v. City of New York/Lederman et al v City of New York 1996'.
ONE CENT PROTEST
The Metropolitan Museum still refuses to take any active position on this issue, as explained by Commissioner Stern's comment that he is privately being thanked by Met officials. Due to the One Cent Protest in which the artists hand out a penny to each museum visitor and urge them to use it for the voluntary admission, the Met is estimated to have lost at least $100,000 dollars since the protest began.
It is Mayor Giuliani, the Parks Department and the N.Y.P.D. that appear to be violating the law, not the artists. The protest will continue.
More arrests are expected on Saturday when a much larger number of artists usually show up at the Met. Last Sunday there were four arrests when what the police described as a "riot" broke out after A.R.T.I.S.T. President Robert Lederman was arrested for writing "God Bless America" and "Giuliani-Police State" in chalk in front of the block-long police barricades. Sixteen artists had their works repeatedly confiscated over a three hour period and approximately 40 summonses were issued. As soon a news crew arrived the confiscations immediately stopped.
For more info, contact: A.R.T.I.S.T. Ph: (718) 369-2111 or (212) 561-0877; Email <ARTISTpres@aol.com>; Web site http://www.openair.org/alerts/artist/nyc.html. Read the 2nd circuit ruling at our web site.
Other contact info:
Parks Commissioner Henry J. Stern (212) 360-1305, Thomas Rozinski, General Counsel Parks Department (212) 360-1314 William Leurs, President Metropolitan Museum of Art (212) 570-3900, Ashton Hawkins, Legal Counsel Metropolitan Museum of Art (212) 570-3936, Central Park Conservancy (212) 315-0385
Also see Also see: NY Times 3/2/98 B1; NY Times Editorial 3/4/98; Newsday 3/2/98 A7; Village Voice 2/24/98 pg 57; Newsday 2/26/98 A8; NY Times 6/3/97 B2