FOR IMMEDIATE RELEASE (October 11, 1996):
Provided through OPENAIR-MARKET NET
The 2nd. Circuit Federal Appeals court just issued its ruling in Lederman v. City of New York 94 civ. 7216 (MGC). The three judge panel completely reversed Judge Miriam Cedarbaum's ruling issue on 10/25/95. Her ruling denied art First Amendment protection and affirmed N.Y.C.'s right to arrest street artists and confiscate their paintings, photographs, prints and sculptures. since 1993 more than 350 artists have been arrested although not one case was ever brought to trial.
The Appeals court affirmed that:
1. the plaintiffs (five N.Y.C. street artists) did in fact demonstrate a likelihood of success on the merits.
2. They write, "Both the court and the City demonstrate an unduly restricted view of the First Amendment and of visual art itself. Such myopic vision not only overlooks case law central to First Amendment jurisprudence but fundamentally misperceives the essence of visual communication and artistic expression".
3. The Appeals court affirmed that "...the sale of plaintiffs art is also protected" and that the marketing of plaintiffs art on the street,"... is in fact a part of the message of appelant's art".
4. "Appelant's art is entitled to full First amendment protection".
5. "The city points to nothing concerning its need to ensure street safety and lack of congestion that would justify the imposition of barring the display and sale of visual art on the city streets".
6. "Displaying art on the street reaches people who might not chose to go into a gallery or museum or who might feel excluded or alienated from these forms".
Robert Lederman, the president of A.R.T.I.S.T. and main plaintiff in the case issued this statement.
"The Federal appeals court has justified our faith in the U.S. Court system. This ruling affirms not only the First Amendment rights of street artists, but the right of every person in this country to view art without unnecessary interference from the government or attempts to "abridge speech". We hope that now the City of New York can return to being the art capitol of the world rather than the artist arrest capitol and that street artists can be recognized for improving the citys quality of life by displaying and selling their art."
For more information contact: Robert Lederman, president of A.R.T.I.S.T. at (718) 369-2111 or write : 255 13 St. Brooklyn N.Y. 11215 [E-mail: ARTISTpres.aol.com]. Visit the A.R.T.I.S.T. web site at: <http://www.openair.org/alerts/artist/nyc.html>. Lawyers for Lederman plaintiffs Randall Fox, Wayne Cross of Dewey Ballantine 212 259-6968