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Giuliani Issues
New Statement on
Artists' Free SpeechArtists Will Test If He's Telling The Truth
at 11 AM on Wed. 4/25/2001
at NY City Hallby Robert Lederman
robert.lederman@worldnet.att.net
April 23, 2001"Because we are a City that loves and supports artistic expression so generously, New Yorkers have a unique understanding that the First Amendment protects the right of artists to express their diverse and sometimes controversial views." -The Rights and Responsibilities of Public-Funded Cultural Institutions-Weekly column by Mayor Rudolph Giuliani dated 4/18/2001 [1]
"As the cultural capital of the world, New York City benefits immensely from the quality and diversity of creative expression found throughout the City," Mayor Giuliani said. "As a result, New Yorkers uniquely understand that the First Amendment must protect the right of artists to express their diverse and sometimes controversial views." Giuliani press release 4/3/2001 [2]
Recently Mayor Giuliani released two public statements on artists' First Amendment rights and a third statement on unabridged freedom of speech generally. [3] All three statements stand in stark contrast to the past seven-and-a-half years of violating these rights by the Mayor and his administration.
At 11 AM on Wednesday 4/25/2001 Members of A.R.T.I.S.T. will test the Mayor to see if he means what he says. Please feel free to join us. We will display and sell handheld portraits and postcards of the Mayor outside the east entrance to the now-barricaded NY City Hall. [If it is raining at that time we will move this action to Friday 4/27 at 11 AM].
As you may recall I and other members of A.R.T.I.S.T. are suing the Mayor and Parks Commissioner Henry Stern (an Art Decency Commission member) concerning their repeated efforts to censor paintings critical of the Mayor, illegally violate the full First Amendment rights we won in our first lawsuit (Lederman et al v Giuliani; Bery et al v Giuliani 95-9089), confiscate and destroy paintings of the Mayor and illegally arrest artists. The entire ruling in the first street artist lawsuit is available at [4]. The current A.R.T.I.S.T. lawsuit against Giuliani and Commissioner Stern, Lederman et al v Giuliani 98 Civ. 2024 (LMM) is available at [5].
Among the various legal issues in the current lawsuit is the Parks Department artist permit, which the Mayor and Commissioner Stern created after losing the first street artist lawsuit in 1997.
This past week numerous NYC Parks Department officials including Commissioner Henry Stern, Parks Legal Counsel Alexandro Oliveri and Deputy Commissioner of Enforcement Jack Linn refused to verify what their policy is regarding artists' First Amendment rights on Parks property as compared to book vendor and newspaper seller's rights on the same property (all three officials can be reached at (212) 360-1313). They were called by me after numerous artists complained they'd recently been threatened with arrest, issued summonses or had their art confiscated by Parks Enforcement Police, in some instances hundreds of feet from any park.
Mr. Linn told me during the phone conversation that I would have to "test" the Parks Department to see what they would do if artists attempted to display or sell their art without a permit within 350' of any NYC park. Mr. Oliveri said he would not issue a written statement fully describing their enforcement policy because it would become, "exhibit A" in the pending Federal lawsuit. Apparently, Parks officials are afraid to state what their own legal policies are. When I reached a female Sgt. in Parks Enforcement she was far more forthcoming. "Artists need a permit. Book vendors don't. We never issue summonses to book vendors".
I can verify all of these conversations if anyone in the media needs proof.
This is the key legal issue in this lawsuit, which has been pending before Federal judge Lawrence McKenna since 1998. Contrary to disinformation released by the Parks Department we did not lose that case.
The legal essence of this issue is that the 2nd circuit Federal Appeals Court ruling in the first street artist case overturned the City's licensing policy for artists, gave us full First Amendment protection and put us on the exact same First and Fourteenth Amendment legal footing as book vendors and newspaper sellers - who by NYC law require no license or permit on the street - including within 350' of Parks property.
As anyone who live in the City can verify by their own experience, hundreds of book and newspaper vendors and thousands of newspaper vending boxes are located directly in front of NYC Parks, right outside the Mayor's office at NY City Hall Park, in front of the Metropolitan Museum at Central Park and elsewhere throughout the City. None have a permit or permission. None receive summonses.
In NYC no one vending literature has been arrested on the street or in a park in many years (with the exception of myself, arrested by a contingent of 25 Parks Department officials, police and lawyers for selling copies of the NY Times, Post and Daily News on 8/25/98 outside the Metropolitan Museum of Art). There are no restrictions on the number of book or newspaper vendors or newspaper vending machines within 350' of Parks. The Parks Department has limited artists to less than 75 for the entire Parks system. No literature vendors have to enter a lottery or submit their materials to a panel appointed by the Mayor as is presently required of applicants for the Parks artist permit.
Artists on the other hand, have repeatedly been arrested, summonsed and had their art confiscated since the artist permit was created in 1998 in these same exact locations, often while standing next to book or newspaper vendors who are left to freely continue their activity.
In 1999 Manhattan Criminal Court Judge Lucy Billings overturned the Parks artist permit, declaring it to directly violate NYC law and the NY State Constitution. For details see Judge Refuses To Enforce Permit Rule, N.Y. Law Journal 8/17/98; Charges Are Dropped in Sale of Art in Parks in New York, N.Y. Times 8/18/98; N.Y. Post Editorial, "Free Speech or Free Exhibition Space?" 8/20/98 on the 8/12/98 ruling by Manhattan Criminal Court Judge Lucy Billings overturning the Parks artist permit. Shortly afterwards Giuliani had her removed from the Criminal Court in retaliation.
On April 16, 2001 the Federal Judge in the current artist case, Judge Lawrence McKenna, issued an interim order giving the City 10 days to explain to him why Judge Billings ruling does not mean that the plaintiff artists have won the Federal lawsuit. To quote the judge exactly, "Ten days from the date of this order defendants shall submit supplemental briefing not to exceed five pages regarding the preclusive effect of the decision in People v Balmuth; 178 Misc. 2nd 958 681 N.Y.S. 2d 439 (NY Crim. Ct. 1998).
In spite of Judge Billings overturning the Parks artist permit in 1999, the Mayor had A.R.T.I.S.T. members Robert Lederman and Jack Nesbitt arrested outside City Hall Park on 2/17/2000 and charged with violating the artist permit requirement. They were both selling pictures of the Mayor.
The arrest was personally supervised by Deputy Mayor Rudy Washington and involved more than 30 uniformed police officers, Margaret Shields an NYPD attorney and officers from the NYPD Intelligence Division (including Lt. Richard Celentano and Det. Gene Casserli, who interrogated Robert Lederman while he was initially held in the First Precinct).
Lederman was ordered put through Central Booking by a phone call from then NYPD Commissioner Safir's office despite it being a very low grade misdemeanor arrest, according to officers involved in the booking procedure. Jack Nesbitt was released from Central booking after more than 15 hours in custody without even being formally charged or arraigned. Lederman is still being prosecuted on this charge by the Manhattan D.A.'s office, despite the law it is based on being previously overturned by Manhattan Criminal Court judge Lucy Billings.
All NYC artists, art lovers and supporters of the First Amendment are invited to see where the Mayor really stands on free speech. Beginning on Wednesday 4/25 (unless it's raining at 11 AM) and continuing daily throughout the Spring and Summer bring your art and art materials to the newly renovated ($13 million in taxpayer expense) City Hall Park. Take the N/R trains to City Hall Station; J, M, Z trains to Chambers Street; #6 train to Brooklyn Bridge-City Hall. Around the perimeter and inside the park there is enough room for hundreds of artists to create, display and sell their work, thereby enhancing the culture of New York City and City Hall - a building owned by the people of NYC, not Mayor Giuliani. Please act in a dignified manner and be respectful of parks property and the rights of park visitors. On Wednesday 4/25 at 11AM I'll be outside the barricaded east entrance of City Hall with my Giuliani-as-Hitler portraits and postcards. Hope to see you there!
As an example of the Mayor's hypocrisy compare his latest statements on artist's rights at the top of this release with his 1997 appeal brief in the first street artist case - an appeal he took all the way to the U.S. Supreme Court. In a last ditch attempt to prevent myself and other artists from showing political paintings of him on the street he attempted to convince the highest court in the land to eliminate First Amendment protection for all visual art. Giuliani's appeal stated in part:
"An exhibition of paintings is not as communicative as speech, literature or live entertainment, and the artists' constitutional interest is thus minimal." -Giuliani appeal brief against street artists having First Amendment protection, Giuliani v Lederman et al and Giuliani v Bery et al, filed with the U.S. Supreme Court 2/24/97.
Compare the Mayor's latest statements supporting free speech to the fact that he has ordered me falsely arrested more than 40 times for holding up a painting he doesn't like or for criticizing his policies. These arrests involved the Mayor personally, police captains, the NYPD Intelligence Division, NYPD lawyers, NYPD video crews, hundreds of uniformed police officers and various deputy Mayors and heads of NYC agencies.
None of these censorship-motivated arrests were about the use of tax dollars - other than their misuse by Mayor Giuliani to pay the salaries of police officials, judges, district attorney's and numerous other City employees while ordering them to violate the exact same Constitutional rights he is pretending to support in his statements. The Mayor has spent millions of dollars in legal and NYPD expenses on these artist cases and has never gotten a single conviction.
After losing the first street artist case (filed in June, 1994) and more than 20 subsequent Federal First Amendment cases against him that were filed after it - Giuliani has continued to violate artists' Constitutional rights to this very day.
The Brooklyn Museum and Decency Commission controversy are the latest installments in an anti-free speech assault that began during his first month in office. The successive Federal lawsuits that I and other artists, activists and museums have had to file against the Mayor are the documented evidence of just how far Rudy Giuliani will go to stop other people's freedom of speech. (See links below for rulings in these cases and verifiable documentation for all the statements made in this article).
Like virtually all public statements by the Mayor his recent statements about free speech, culture and artists' rights are filled with falsehoods and disinformation.
The Art Decency Commissions' director appointed by the Mayor is Daniel Connolly, the City lawyer who was assigned to legally administrate on the Mayor's behalf more than 700 false arrests of artists and the illegal seizure and destruction of tens of thousands of works of original fine art. Would the media please ask Mr. Connolly why he allowed the artist arrests to continue through 1997, if he knew in early 1994 that all of the artist arrests were unconstitutional, as explained in an internal memo from the NYC Corporation Counsel's office? That memo said the City would never be able to prosecute any of the cases, and it never did.
To this very day the NYPD continues to issue summonses, confiscate art and arrest artists for not having the vending license the first street artist decision ruled unconstitutional in 1996. This blatantly illegal policy is particularly focused on Chinese and other recently arrived immigrant artists who are not yet aware of the fact that in NYC no license is required to sell art on the street.
Since 1996 I have routinely spoken to the NY Corporation Counsel, NYPD officials, the counsel of the Mayor's Street Vendor Review Panel and other City officials about this gross violation of the law. While they all acknowledge it is wrong and in some cases acknowledge that they are fully aware of these actions, nothing is done to stop it.
Some of the other "distinguished" members of the Commission include the personal lawyer for disgraced former President Richard Nixon; Parks Commissioner Henry Stern, a co-defendant alongside Giuliani in numerous Federal lawsuits brought by artists and musicians and a leader in eliminating the rights of free speech and freedom of assembly in New York City's public parks;
(Stern is simultaneously being investigated for shaking down charities for "donations" and is being sued by his employees for racial prejudice, among other scandals); the Mayor's divorce lawyer, Raoul Felder - who recently admitted on WEVD radio (the Alan Colmes Show) that he tried to have a privately-funded show of my Giuliani portraits closed in 1998; and Guardian Angel founder Curtis Sliwa - one of the Mayor's most enthusiastic cheerleaders who frankly admits his art expertise is non-existent.
Giuliani has lied on every issue, at every press conference and in every public statement during his entire public career. His so-called accomplishments are exactly like his statement on artists' rights - they are a web of lies, false statistics and gross self-serving disinformation. False arrest, illegal confiscation of private property and selective prosecution have been his main legal techniques since he was a Federal prosecutor. Ask any lawyer or prosecutor who knew him then.
While he frequently smears opponents as being publicity-seekers, there is no elected official in American history who has relied more on the media to inflate, create and fabricate his undeserved reputation.
The Mayor and his staff regularly claim that the media is out to get him when in fact they give him a virtual free ride, rarely exposing the real depths of criminality and deception - like the endless release of falsified statistics - that are his stock in trade. Any criticism of him is immediately characterized by the Mayor as, "over-the-top", "knee-jerk liberalism" or - as his fellow cross-dresser J. Edgar Hoover liked to accuse his critics - of being linked to Communism.
In 1999 some of the most respected reporters in the New York media got together to bring a lawsuit against the Mayor personally for repeatedly violating their First Amendment rights in numerous ways. The lawsuit was immediately squelched by newspaper publishers who had received hundreds of millions of dollars in tax write-offs from Giuliani. It was announced that the lawsuit would be dropped in exchange for relaxing some of the blatantly illegal police restrictions created by the Mayor on press access to accidents, demonstrations and murder scenes [6].
As I've said for the past seven years, the most significant thing that is wrong with Giuliani is NOT his nasty personality. Claiming he's a vindictive bully but otherwise a great Mayor (like Giuliani supporter Ed Koch says at every opportunity), is like saying that Hitler and Stalin were mean-spirited guys but otherwise great statesmen.
Giuliani has chosen to end his term as Mayor as he began it - by violating artists' freedom of speech and openly lying about it. When will the media get around to telling the uncensored, unabridged and unadulterated story of Adolf Giuliani?
[1] (see here) MAYOR'S WEEKLY COLUMN The Rights and Responsibilities of Public-Funded Cultural Institutions By Mayor Rudy Giuliani
[2] Giuliani press release dated 4/3/2001 (here)
[3] NY TIMES April 20, 2001
Mayor Goes on Attack, Calling Hevesi Irresponsible
"Mayor Rudolph W. Giuliani waged new war yesterday on Alan G. Hevesi, the city comptroller and a Democratic candidate for mayor...Asked yesterday what he considered his role to be in the race, Mr. Giuliani responded, "Citizen, more than willing to express his viewpoint, with inalienable First Amendment rights to do so, that nobody's going to interfere with."
[4] see here
Street artists are legal: Entire text of the Bery decision of the U.S. Court of Appeals for the Second Circuit (Argued: April 26, 1996 Decided: October 10, 1996) Lederman at al v City of NY; Bery et al v City of NY
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
Nos. 1620, 1621, 1782 August Term 1995
(Argued: April 26, 1996 Decided: October 10, 1996)
Docket Nos. 95-9089 (L), 95-9131, 96-7137
[5] THE PARKS DEPARTMENT ARTIST PERMIT CASE
Lederman et al v Giuliani 98 Civ. 2024 (LMM)
Go here for the text of the complaint (it has since been amended numerous times)
SEE: New legal complaint filed in Federal Court against Mayor Giuliani.
Details the charges of constitutional violations (9/5/98) AND
Street Artist Files $200,000,000 lawsuit against Mayor Giuliani, Parks Department and NYPD (3/20/98)
Police ignore Federal ruling; continue illegal crackdown on street artists(7/16/97). Image 1(8k) and image 2(11k) of police confiscating art.
NY Post on the Billings Decision
"Thanks to Mayor Giuliani's quality-of-life program, New Yorkers no longer have to step over quite so many vagrants in order to enjoy the greenery of New York's parks or the aesthetic stimulation of the Metropolitan Museum of Art. Unfortunately, thanks to Manhattan Criminal Court Judge Lucy Billings, they might now find themselves navigating their way around hordes of self-described "artists" who think it's appropriate to liken politicians they oppose to Hitler." NY Post Editorial 8/20/98 "Free Speech or Free Exhibition Space?"
For a few choice examples of how the Mayor really fells about artists and free speech see these articles here.
Artists dub Guiliani: "Enemy of Art" outside N.Y. City Hall (Mar. 7, 1997)
Mayor Giuliani leaves Commencement Speech at Cooper Union Art School While Artists Are Being Arrested Outside (5/27/98)
Artist Protesters arrested at 5/15/98 Giuliani Photo Show Opening (5/16/98)
Giuliani puts artist-activist through the system in retaliation for filing $200,000,000 lawsuit (3/26/98)
Lederman arrested during the Mayor's State-of-the-City speech (1/14/98)
Arrested For Saying, "Arrest Giuliani"(2/25/99)
The N.Y.C. Corporation Counsel: 600 Lawyers in Service to Giuliani's Corporate Police State (10/15/98)
Parks Department Police Confiscate Protest Signs, Arrest Artist (4/1/98)
Police Confiscate Newspapers, Arrest Artist (8/26/98)
See N.Y. Law Journal 8/17/98; N.Y. Times 8/18/98; N.Y. Post Editorial 8/20/98 on the 8/12/98 ruling by Manhattan Criminal Court Judge Lucy Billings overturning the Parks artist permit.
The Federal case regarding leafleting on the steps of the US Capitol that I won last year and that the Feds lost on appeal this year (I was arrested for handing out leaflets about Giuliani persecuting artists and violating freedom of speech)
Lederman v United States of America et al 99-3359 [1] here.
NYC Artist Wins Federal Suit Against U.S. Gov't (3/15/2000)
and updated at Artist wins latest round in DC Federal Court (3-07-01) here.
[6] "Press Mulling Suit Against Mayor" NY Law Journal 2/3/99
"A lawsuit charging the Giuliani Administration with violating the First Amendment for using police to interfere with the press's ability to cover crime scenes and emergency situations may be on the horizon.... Gabe Pressman made his views clear: the Giuliani Administration is more "heavy handed" and "authoritarian" than seven prior administrations he has covered. "The press is treated in this town as though it were in a police state," he added...A third panelist, former Mayor David Dinkins, suggested there have been other problems with the way Mr. Giuliani deals with the press, including filtering all information through City Hall, misusing the state's Freedom of Information Law to delay the release of data, and freezing out reporters whose articles have displeased the Administration. Several in the audience, which included many reporters and news executives, also criticized the Mayor's press relations. Paula Madison, an executive at WNBC, said she had fielded a number of telephone calls from the Mayor and his press office in which she had detected "a really concerted effort to intimidate."
Newsday 8/18/89 Holocaust `Reminder' Claimed
"A concentration camp survivor who witnessed the murders of his parents and five siblings at Auschwitz claimed that during questioning after his arrest on bribery charges he was placed before a blackboard bearing a Nazi slogan by former U.S. Attorney General Rudolph Giuliani's office as part of an attempt to "break" him...Written on the blackboard was the German phrase "Arbeit Macht Frei." The slogan, "Work Shall Set You Free," adopted by the Nazi party, appeared over the gates at Auschwitz."
AP 1/19/2000 Giuliani Criticized by Koch
"NEW YORK (AP) -- Former Mayor Ed Koch criticized Mayor Rudolph Giuliani on Wednesday for sharing a dais at a Martin Luther King Day event with an Austrian political leader who once praised the policies of Adolf Hitler. ``Is that a place to celebrate Martin Luther King Day, to be on the same dais as the leader of the neo-Nazi Party in Austria?'' Koch said at a news conference. ``Why didn't he denounce Joerg Haider? Why didn't he order Joerg Haider out of the hall?."
"I don't regard associations of my people that support me as fascists as a light matter ....But it's ultimately the results that matter." Mayor Giuliani -NY TIMES 6/24/98
Newsday 9/27/93 Rudy's Screen Test Informed of law firm's clients?.
"The last time he ran for mayor, Rudolph Giuliani quit a major Manhattan law firm when controversy erupted over the firm's representation of the government of Panamanian Gen. Manuel Noriega. Four years later, as he presses forward with his second campaign against David Dinkins, Giuliani is again aligned with a major law firm- Anderson Kill Olick & Oshinsky - and it too represents a number of controversial clients. Some of the more controversial ones, including a company that has been identified as controlled by organized crime, were already on board when the former mob-busting U.S. attorney decided to join the firm in 1990. Other clients, including two companies suspected of helping equip Iraq with materials to make chemical weapons, came later...One of the other companies listed last year as a client on Anderson Kill's "Matter File Listing" is German farm-equipment manufacturer Karl Mengele & Sons, the family firm of Nazi war criminal Josef Mengele. The U.S. Justice Department has said that the Mengele firm, founded by the father of the sadistic death-camp doctor, supplied economic support to the "Angel of Death" during the decades when he was a fugitive..."
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."
Newsday 6/27/98 Apology For Holocaust Allusion
"City welfare chief Jason Turner apologized Friday for unwittingly using a Nazi death camp slogan to defend Mayor Rudolph Giuliani's workfare program."
NY State Attorney General Eliot Spitzer N.Y. Post 10/15/98
"...the current mayor thinks he's a dictator and does not have sufficient respect, not only for other branches of government, but also for the citizenry and its opportunities to speak out and be heard."
NY Times AP 4/21/2000 NEW YORK (AP) -- "Chanting and waving signs, some comparing him to Adolf Hitler, more than 2,000 protesters marched from Brooklyn to City Hall demanding Mayor Rudolph Giuliani's resignation over his handling of fatal police shootings of unarmed black men...The protesters voiced anger toward the NYPD as well, but their real focus was Giuliani, and sign after sign depicted the mayor as the devil or as Hitler. The signs were cheered by about hundred onlookers as the marchers came off the Brooklyn Bridge into Manhattan."
-NY Times Sunday March 28, 1999 After Meeting Mayor Vows Major Changes for Police
"But the Mayor repeated his anger over signs and chants at the post-Diallo protests that liken him to Adolf Hitler. "The comparisons to Hitler, Adolf Hitler, and fascism have to stop, because they're sick, perverted, and they do affect some people," he said. "Invocations of Adolf Hitler are despicable no matter who it is. Nobody should participate in it, and nobody should do it."
[Note to Street Artists: According to the Parks Department's rules you need a permit to sell art but don't need a permit to create or display art - although they often violate their own rules on this. The ruling in the first street artist case states you need no license or permission for displaying, creating or selling art (Parks was a named defendant in that lawsuit). If you intend to sell art from a table or other display inside, around or within 350' of any NYC Park or on any street you should be aware of the NYC vending rules (display not to exceed 8' in length x 3' in width x 5' in height; sidewalk 12' wide or wider; you must be 20' from a door). If you are selling or displaying art held in your hands you do not need to follow these rules according to the NYC Administrative code # 20-473. Based on that same section of NYC law, if you are holding the art rather than using a display you also don't have to be concerned about restricted streets and can legally sell art just about anywhere. If the police or other NYC City officials violate your rights while doing so, thoroughly document what happened with witnesses, a tape recorder, video or still camera then contact A.R.T.I.S.T. at the email or phone number below. Remember that it is Giuliani and his circle of thugs, rather the Parks or NYPD officers you'll be confronted by on the street, that are the real enemy of artistic freedom.]
Decency Commission articles; GW Bush and Giuliani's Nazi connection, the CIA's Manhattan Institute, eugenics (scientific racism), West Nile Virus information;
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 websiteHis 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
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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.Blue Collar Pundit Essays
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