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Parks Dept. admits
NO permit is needed
to regulate art displays

by Robert Lederman

robert.lederman@worldnet.att.net
February 21, 2003

Here's a recent exchange of emails between Parks Deputy Commissioner Jack Linn and two members of A.R.T.I.S.T. What is significant here is that Mr. Linn - who was directly in charge of running the Parks artist-permit from 1998 until it was overturned by the Federal Court in 2001 - admits that the Parks Department already has enough rules to regulate the size and placement of art displays WITHOUT needing Intro # 160 or a permit.

"Our Rules and Regulations already regulate the time place and manner of numerous activities within parks, and current guidelines specifically regulate displays or exhibits in parks, even if no item is being sold."
-Jack Linn

This just happens to be the main argument A.R.T.I.S.T. and six different courts have made on this issue since 1996 when the Second Circuit Federal Appeals Court granted artists full First Amendment protection and exemption from any license or permit on NYC streets and in Parks. This is why we have stated that Intro # 160 is a sham, a bill that does not have any legitimate need to be passed. This is all the proof any City Council member should need to justify voting NO on Intro # 160. Robert Lederman, President of A.R.T.I.S.T.

Here's Mr. Linn's email:

--- Jack Linn (Jack.Linn@parks.nyc.gov) wrote:

Dear Mr. [name suppressed to protect privacy]:
Thank you for your e-mail regarding Intro 160. Intro 160 only restores the ability of Parks to establish a permit system for the sale of written matter. Our Rules and Regulations already regulate the time place and manner of numerous activities within parks, and current guidelines specifically regulate displays or exhibits in parks, even if no item is being sold. Moreover, if your display is expected to attract more than 20 people, you need to apply for a special events permit. Such regulation is necessary so that two members of the public-two sets of rights-do not bump into each other. Thank you for your interest in Parks.
Jack T. Linn

----- Original Message -----
From: [name suppressed to protect privacy]
To: Jack.Linn@parks.nyc.gov
Sent: Friday, February 21, 2003 3:05 AM

Subject: Re: Blacks in the Park who attract more than 20 people need a permit?

Dear Mr Linn My concern with Intro 160; is that it does not explicitly contain the standards in which the Commissioner will be authorized to regulate the vending of written matter through a permit system. For example as it is currently written and being proposed to the public there is no mention of the quantity, duration, location and or price of the said permit. And the definition of the geographical areas under the jurisdiction of The Department of Parks and Recreation are vague and unclear. Commissioner Benepe stated that hundreds of yards across the street of each City Park is considered to be within the Park's geographical jurisdiction. In that case wouldn't the Parks Department have to assume all of the maintainance responsibilities including residential garbage pick-up and snow removal for all buildings within this distance? I do not feel in light of the Parks Department's tumultuous history that the public can presume that the Commissioner will act in good faith and follow standards not explicitly contained in the ordinance. Surly I would not be able to presume under Henry Stern nor Adrian Benepe and a majority of the present Department who rose and benefited under Henry Stern's reign that white people would not somehow receive special preference in obtaining permits and choice locations through Intro 160. Don Guttenplan who was Henry Stern's legislative assistant in 1980 according to a February 16, 2001 New York Times article said, "If Henry is a racist, he is a racist in the way a lot of guys his age and upbringing are racist" "He found it difficult to think of blacks as equals." The US Equal Employment Opportunity Commission found "reasonable cause" to believe that the New York City's Department of Parks and Recreation had illegally discriminated on the basis of race and national origin in assigning and promoting employees. Upon investigation the EEOC stated the Department of Park's "supervisory lines of authority are almost completely segregated by race and color." Cordially [names suppressed for privacy] PS Would individuals of color who walk in your Park who may involuntarily attract more than 20 people need to apply for a special events permit? Its all so vague and unclear to me what I can and cannot do that I am curtailing my daily jogging routine in your park out of fear that I may "bump into" someone's rights and face arrest. Fifth Amendment anyone? Due process?

Jack Linn Jack.Linn@parks.nyc.gov wrote: Dear ....... Thank you for your e-mail regarding Intro 160. Intro 160 only restores the ability of Parks to establish a permit system for the sale of written matter. Our Rules and Regulations already regulate the time place and manner of numerous activities within parks, and current guidelines specifically regulate displays or exhibits in parks, even if no item is being sold. Moreover, if your display is expected to attract more than 20 people, you need to apply for a special events permit. Such regulation is necessary so that two members of the public-two sets of rights-do not bump into each other. Thank you for your interest in Parks. Jack T. Linn

To a Directory of Mr.Lederman's Essays

Robert Lederman is an artist, writer and activist and is also the President of the street artist advocacy group, A.R.T.I.S.T.
Click here for an archive of A.R.T.I.S.T. related news articles on the Freedom Forum website

His essays and Op-Eds have appeared in hundreds of alternative publications as well as the Daily News, Penthouse, Africa Sun Times, Street News and The Shadow.
Lederman was falsely arrested 41 times for his anti-Giuliani activities and was never convicted of any of the charges. As a result of the arrests, he's won four Federal lawsuits and overturned three laws.
He is best known for having created hundreds of paintings of Mayor Giuliani as a Hitler like dictator which were carried in demonstrations throughout the eight years of the Giuliani administration. Images of his paintings and articles about his arrests and lawsuits have appeared on all of the major television networks hundreds of times as well as frequently appearing in the NY Times, Daily News, NY Post, Newsday, Newsweek, People, The Washington Post, LA Times and NY Magazine.

Robert Lederman,
President of A.R.T.I.S.T.
(Artists' Response To Illegal State Tactics)
robert.lederman@worldnet.att.net

For a detailed exposition on the West Nile issue
http://www.nospray.org/
For an article on the Manhattan Institute go to
http://www.konformist.com/2000/rudyg.htm

If you would like to help oppose the spraying,
please write to the
No Spray Coalition
PO Box 334
Peck Slip Station
NYC, NY 10272-0334
or call the No Spray hotline at (718) 670-7110.

Any funds you can send to help continue the lawsuit
and this work are greatly appreciated.

Important Note:
Mr. Lederman has explained that his articles posted here are not to be taken as official statements by the No-Spray Coalition of which he is a member or of the "No-Spray" lawsuit in which he is a plaintiff.

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