A Manhattan appellate court ruling Tuesday lifted a temporary restraining order that blocked new Parks Department rules limiting art vendors in city parks, according to an article today by Amy Zimmer at DNAinfo.com.
The article said that 13 artists filed for the order claiming the rules violated their free speech rights.
Art vendors in Union Square will be limited to 18 every day, the article said, with an additional 40 vendors allowed Tuesday, Thursday and Sunday - days when the Greenmarket isn't operating. Five vendors will be allowed on the High Line, nine in Battery Park and 68 in Central Park below 86th Street, the article added.
A Parks Department spokeswoman said that the new rules would take effect on Saturday on the High Line, which is the most "congested" spot for artists, the article said, adding that "enforcement will kick in for the other three starting on Monday."
The court didn't think the artists would be "irreparably harmed" by lifting the injunction since they have other streets and parks where they can sell their works, the article continued, added that the ruling said that "the city has a significant interest in preserving and promoting the scenic beauty of its parks, providing sufficient areas for recreational uses, and preventing congestion in park areas and on perimeter sidewalks."
Robert Lederman, an artist and advocate who has long been fighting the Parks Department over vendor rules and is involved in a separate federal lawsuit challenging them, asked artists in an email to "display protest signs on a daily basis rather than acting as if nothing is going on except business as usual," the article said, adding that he wrote that "rather than give up, it's time to stand up. The public supports artists in parks."
Julie Steiner, senior counsel for the city's Law Department, said that "the court correctly found that the vending rules are narrowly-tailored, content-neutral regulations that do not infringe on the plaintiff's First Amendment rights to vend their wares," the article said.
The article said that 13 artists filed for the order claiming the rules violated their free speech rights.
Art vendors in Union Square will be limited to 18 every day, the article said, with an additional 40 vendors allowed Tuesday, Thursday and Sunday - days when the Greenmarket isn't operating. Five vendors will be allowed on the High Line, nine in Battery Park and 68 in Central Park below 86th Street, the article added.
A Parks Department spokeswoman said that the new rules would take effect on Saturday on the High Line, which is the most "congested" spot for artists, the article said, adding that "enforcement will kick in for the other three starting on Monday."
The court didn't think the artists would be "irreparably harmed" by lifting the injunction since they have other streets and parks where they can sell their works, the article continued, added that the ruling said that "the city has a significant interest in preserving and promoting the scenic beauty of its parks, providing sufficient areas for recreational uses, and preventing congestion in park areas and on perimeter sidewalks."
Robert Lederman, an artist and advocate who has long been fighting the Parks Department over vendor rules and is involved in a separate federal lawsuit challenging them, asked artists in an email to "display protest signs on a daily basis rather than acting as if nothing is going on except business as usual," the article said, adding that he wrote that "rather than give up, it's time to stand up. The public supports artists in parks."
Julie Steiner, senior counsel for the city's Law Department, said that "the court correctly found that the vending rules are narrowly-tailored, content-neutral regulations that do not infringe on the plaintiff's First Amendment rights to vend their wares," the article said.
Architecture Critic
Carter Horsley
Since 1997, Carter B. Horsley has been the editorial director of CityRealty. He began his journalistic career at The New York Times in 1961 where he spent 26 years as a reporter specializing in real estate & architectural news. In 1987, he became the architecture critic and real estate editor of The New York Post.
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