CAN ARTISTS GET A LICENSE TO SELL ON NEW YORK CITY STREETS?

by Robert Lederman

Despite the City of New York previously stating over a period of years that the First Amendment protects art, and admitting that vending licenses are in actual practice, unavailable, the City arrests artists and confiscate their art for not having this unconstitutional, and unavailable, license. Artists who wish to express their constitutional right to free expression have no choice but to violate the vending ordinance.

These quotes from two official documents demonstrate the irony of the artists' situation in N.Y.C.


1. Letter to street artist, Ed Weiland, dated May 8, 1979 from the Department of Consumer Affairs' the licensing authority in New York City. Numerous artists received a similar letter, or were told this verbally when they attempted to get a license:

Dear Mr. Weiland,

In the opinion of this department it has been determined, as per

the First Amendment, that if you only create and sell your own

paintings and drawings within the City of New York you are not

required to obtain a General Vendors License.

Yours Truly,

Howard Metzdorf Jr.

Consumer Affairs


2. Detail of defendant's (City of New York's) response to suit Lederman et. al v. City of New York 94 Civ. 7216 (MGC) filed on behalf of artists who've been arrested and had original fine art confiscated by the police:

10/16/94

Paul A. Crotty, Corporation counsel of the City of New York

Attorney for defendants City of New York, Rudolph Giuliani, Mayor et. al......

"....18 Deny knowledge or information sufficient to form a belief

as to the truth of the allegations contained in paragraphs "35",

"36", "37", "38", "39", and "40" except admit that the licensing

requirement applies to the sale of paintings, sculpture, limited

edition prints and photographs; that due to the statutory

limitation on the number of general vendors licenses permitted to

be in effect, plaintiffs cannot presently obtain general vendors

licenses, and that individuals who violate the licensing

requirement are subject to criminal and civil penalties".

END

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