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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