http://www.scribd.com/doc/170930046/Decision-and-Order-WEB
From an email from Robert Lederman (pictured):
What the ruling does not mention is that the artist plaintiffs had in fact submitted exceptional evidence in this lawsuit demonstrating that Mayor Bloomberg had been very personally and directly involved in eliminating street artists from NYC Parks for the entire 12 years of his administration. The court literally ignored every single piece of evidence in the case.
The evidence (which was over 1,000 pages long) included a tape recording of the Mayor telling ARTIST president Robert Lederman that there were too many street artists near his home across from Central Park and that they sold “junk.” In the same recording the Mayor bizarrely told an NYPD officer stationed at the entrance to City Hall that Lederman was, “crazy and wanted to kill” him.
In the same recording the Mayor stated that the police were unwilling to enforce the previously existing vending laws against artists and that, “tax paying businesses,” were complaining to him, despite there not being a single business or store in the location the Mayor was referring to near the Met Museum.
The plaintiffs also submitted emails from Mayor Bloomberg to Lederman, in one of which the Mayor wrote, “all is not forgiven,” a reference to Lederman fighting to stop 12 years of the Mayor’s efforts to destroy artists’ rights. Also included in evidence were emails from Park Commissioner Benepe to Deputy Mayor Patricia Harris, in which the Commissioner discussed ways to trick a number of well-known NYC newspaper reporters so as to get them to write damaging articles about street artists.
Also submitted was a tape of the Mayor’s WOR radio show, in which he went on air the day this lawsuit was filed in 2010, claiming that the City’s victory was a sure thing and detailing the history of the artist plaintiffs previous successful lawsuits.
ARTIST President Robert Lederman issued the following statement:
This ruling is a tragedy for every artist in the United States. It gives municipalities the right to severely limit where and how artists can express themselves, despite them being unquestionably First Amendment protected.
The ruling goes much further however, making it virtually impossible to obtain a deposition from any government official. Imagine a lawsuit in which a police official was accused of ordering the officers under him to violate civil rights, falsely arrest or beat up non violent protestors, illegally tap phones or to target political opponents of a sitting government official.
If allowed to stand, this ruling would protect police officials, mayors, agency commissioners, governors, senators or even the US President from ever having to face a sworn deposition. Even the lowest level government officials would be able to cite this ruling in order to avoid giving a sworn deposition.
We intend to appeal the ruling to the U.S. Supreme Court at the earliest possible date, and feel confident that the many errors in both the appeals court ruling and the lower court ruling will be overturned. We call on all interested parties to lend their expertise to overturning this ruling, which is an assault on civil rights and due process.
This is your chance to do something to help win back
the rights that have been taken from us.
Please send your donations in the form of a check
or money order (no cash please) directly to my lawyer:
Julie Milner, Esquire
83-02 Broadway
Suite 3A
Elmhurst NY 11373
Please make the check out to her name “Julie Milner” and write “Escrow for park lawsuit appeal,” on it.
The money will be deposited in an escrow account and can ONLY be used to pay for the printing and filing fees.
ARTIST POWER!
Robert Lederman, President of A.R.T.I.S.T.
artistpres@gmail.com
AP article on the ruling:
http://www.courthousenews.com/2013/09/25/61479.htm
Federal Court Upholds City Rule Regulating Art Vendors in Parks
http://www.dnainfo.com/new-york/20130926/upper-east-side/federal-court-upholds-city-rule-regulating-art-vendors-parks
Park rules for artists and performers
http://www.nycgovparks.org/pagefiles/57/expressive-matter-faq.pdf