Last night in an unprecedented legal move, lawyers for the City of NY filed papers in the United States Federal Court for the Southern District of NY in which they agreed that former Mayor Giuliani will appear for a deposition in the street artist lawsuit, Lederman et al v Giuliani 98 CIV 2024 (LMM) specifically to answer questions under oath about targeting artist Robert Lederman for false arrest. Lederman, President of A.R.T.I.S.T. (Artists' Response To Illegal State Tactics) was falsely arrested more than 40 times during the Giuliani administration and was never convicted of any crime.
Lederman has won four Federal lawsuits so far about these arrests, most of which involved him displaying paintings of Giuliani with a Hitler mustache at political rallies. Federal judge Lawrence M. McKenna ruled in favor of Lederman and the other street artists in this case on August 17, 2001 but discovery (depositions, turning over documents etc.) was delayed due to the WTC attack on 9/11.
In his ruling banning the City from enforcing the Parks Department artist permit, Judge McKenna stated:
"Lederman, having alleged that he was improperly arrested as a result of being "targeted" by the Giuliani Administration (Am. Compl. P 198), should have an opportunity to seek discovery on this matter."
In eight years as Mayor, Giuliani successfully avoided subpoenas to testify at all depositions by claiming his "official duties" were too important to allow him to appear. Now that he and his staff are no longer in office this excuse no longer exists.
The legal complaint filed in this case can be read at http://www.openair.org/alerts/artist/nycourt1.html
Also see: Washington Post page A1 Capitol Ban on Protests Nullified 6/1/2002; NY Times 8/11/2001 Judge Bans Permit Requirement for Art Vendors; NY Times 8/17/2001 End Draws Near for Mayor's Artful Adversary; NY Times 6/3/97 SoHo Street Artists Triumph as High Court Rebuffs City; Paint Misbehavin': An Art Attack, NY Post 7/6/98; Village Voice, 2/24/98 Chronic Offender; Jewish Week, 5/7/99 His Artwork Raises a Feuhrer; NY Post editorial, 6/16/98 Demonizing Rudy Giuliani; Newsday 12/19/99 A Thorn in the Mayor's Side; Washington Post, 3/20/2000 Speech Activist 2 Capitol Police 0; Penthouse 6/99 Advise and Dissent: Giuliani's War on Freedom.
NYC Corporation Counsel: Robin Binder, Michael Cardozo 212 788-0818
NY Times 4/8/2000 Demonstrators of Old Spread Their Message in a New Era of Protest Robert Lederman, 49, a street artist who has protested for years against Mayor Giuliani's policies, often arrives with dozens of placards caricaturing the mayor as Hitler, complete with the Fuhrer's mustache.
Newsweek 4/5/99 Rudy on the Record Question Newsweek: "Are you personally stung by those signs at the demonstrations that say 'Adolf Giuliani'?" Mayor Giuliani: "Five years ago I might have cried over it. And now I just feel that this is a crazy exaggeration that we've allowed, and that our media coverage is selective... You cover Susan Sarandon. But [the police and the rest of the city] see the Adolf Hitler signs, the comparisons to the president of Yugoslavia. These [demonstrators] are getting arrested, some knowingly, some unknowingly, under that banner."
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.