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‎The Nuts: selling art on NYC streets or in parks

SELLING ART ON THE STREETS OF NYC: The Legal Nuts
Past Robert Lederman, President of A.R.T.I.South.T.
(Artists' Response To Illegal Country Tactics)
Contact: artistpres@gmail.com (201) 777-0391
Go out a short, clear message and I'll call you back.
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[The author has vended his original fine art on the streets since 1961.

Between 1996 and the present he was the lead plaintiff in a series

of Federal lawsuits that established an artists' correct to vend art on

NYC streets and in NYC Parks without the need for any license or permit.

SELLING ART ON THE STREETS OF NYC: The Legal Basics

By
Robert Lederman, President of A.R.T.I.S.T.

(Artists'
Response To Illegal Land Tactics)

contact:
artistpres@gmail.com

Questions? (201) 777-0391

Leave a cursory message with your name, # and what kind of fine art you sell and I

will phone call you back. Please subscribe to the website and read, The Nuts, before calling

with questions.

Group
website and newsletter:

https://groups.yahoo.com/neo/groups/nycstreetartists/info

For Artist videos showing the history of our movement go to:

http://www.youtube.com/profile...

Here's the well-nigh basic data about vending art in NYC written in a
question and respond format. Delight share it with your swain artists
and vendors.

one.
Are there any restrictions on selling art?

Due to the rulings in the Artist lawsuits, those selling visual art on
public holding in NYC now have the same Constitutional protections
as someone selling a volume or a newspaper. This means they are no
longer required to take a vending license or Parks Department vending
let. They tin sell art from a table, an easel or a stand as long
equally it is within the size limits and is placed in a legal vending
spot. Nevertheless, we are legally considered vendors and remain
discipline to a few specific fourth dimension, identify and manner restrictions. If you
violate these restrictions, you lot could get a summons. In some
instances, you may also be discipline to confiscation of your art or
arrest. These "fourth dimension, place and style of display," vending
restrictions but employ if we are using a vending stand up. An
culling way to sell is called, No Stand Vending. If we are
holding art in our hands and selling it; if we have a brandish that
does not balance on the ground (in other words nosotros agree, wearable or carry
it); if we are simply displaying art on a stand up and are not offering it
for auction; or, if we are only creating art at that place are no legal
restrictions on the time, distance from a door or which streets nosotros
can sell on. This listing of streets that are restricted to artists only
applies if you lot are using a vending stand and are selling the art. See
the No Stand up documents in the FILES department of the website. As well meet
No Stand vending videos with examples of how to practice this at:

http://www.youtube.com/contour...

No stand vending But applies to Commencement Amendment protected vendors and
But to those who are selling on a street that is otherwise
completely restricted to ALL vending. There are official NYPD
documents on No Stand vending and the list of restricted streets in
the FILES section of the ARTIST website.

two.
What are the basic vending constabulary rules for artists?

(Note: The total text of the NYC vending laws is 60 pages long. This is merely
a partial summary for your convenience.)

Art vending stands must exist located at least twenty' from a door, x' from a corner and

must not touch or in whatsoever way exist fastened to a fire hydrant or other
item of street furniture such equally a parking meter, sign, lightpole or
phone booth. There is no required distance from a fire hydrant,
only that you may not bear on it (See hydrant laws in FILES section).
The size limit of an art vending display is 5' in height, 8' in
length and 3' in width. In that location is no specified limit for a display of
art that is not for sale. The sidewalk must be at least 12' wide in
order to use it. Yous cannot legally place art confronting a wall, on a
store window or on a argue unless you have written permission from
the property owner. You cannot legally lay fine art on the floor or
brandish information technology on your car. While you can legally sell some other person's
art, 1 person cannot sell from more than 1 stand unless the full
size of the combined stands is 8' or less. Individuals selling from
two or three total-sized stands or from a grossly oversized stand are
both violating the law and unfairly denying other artists and vendors
infinite on the street.

Tax
ID

The City requires all vendors including written matter vendors and
artists to have a sales tax ID and comport information technology with them while vending.

If you are non selling anything, y'all practise not demand a taxation ID.

Other types of vendors (disabled veterans, food vendors, full general
trade licensed vendors) have more than restrictive legal rules and
street restrictions. If you want to be sure what the current laws are
and desire to have administrative proof of them to show a police force
officer, get and acquit the vending law documents noted above.

Restricted Streets

Artists may also sell on an otherwise completely restricted street, such as
Fifth Avenue in Midtown or Prince Street in SoHo on Saturday and
Sunday if a disabled veteran vendor is fix up there (OR if they are
engaged in No Stand Vending.) In the files section at that place is an
official NYC certificate most artists and disabled vets. You will desire
it with you if yous intend to do this.

Exigent circumstances

One other important police force you need to know concerns "exigent
circumstances." Police force tin can cite exigent circumstances then
order you to close up an otherwise legal vending stand IF there is an
blow, fire, parade, protest, fire or other emergency. If a
sidewalk becomes "unusually" crowded they can also cite
exigent circumstances. Exigent circumstances is a temporary emergency
status. Police cannot lawfully cite exigent circumstances just
because someone in a store or apartment house made a complaint near
a vendor or artist.

What do I do if my art is ever confiscated by the police?

If the police e'er confiscate your art or art display for violating
vending laws it is crucial that you lot become a voucher from them
describing in detail any they took. By law, you tin get
everything back within 24 hours at the precinct information technology was taken to
regardless of the outcome of your summons case. If you have non
gotten a voucher y'all will likely go naught dorsum. The police are
required by police to give you a voucher. If they refuse, make certain to
get that on record! Information technology is 100% legal in NY State to tape tape,
videotape or photograph the police. In the links section run across Country past
State, Rules for Taping Conversations.

three. Are you allowed to sell someone else'southward art on the street?

All the rights and laws concerning NYC street artists utilise as to
artists selling their own works and to art vendors selling someone
else's work. Nether full Start Amendment protection, someone selling a
book, a newspaper or making a spoken communication need non exist the writer. The
essence of why you can sell on the street under the First Amendment
is that y'all are expressing ideas. Information technology is Non based on making something
by mitt. Anyone expressing ideas is similarly protected whether or
non they originated those ideas.

four. Where can I find the entire texts of the NYC vending laws in writing?

On the opening page of the Creative person website
http://groups.yahoo.com/group/... along the left-hand
side of the page is a department of links, files and photos. In those
sections you tin can find the full text of all the laws of NYC concerning
vending, as well as many other important documents. (Notation that only
subscribed members with a valid Yahoo I.D. tin access the files. Information technology
is complimentary to subscribe and join.) Vending laws are regulated by the DCA
(Department of Consumer Affairs) located at #42 Broadway. You can get
a printed re-create of the entire lx page vending police from DCA, on the fifth
flooring. Ask them for the split, "List of Streets Restricted to
Artists and Book Vendors", which is also available digitally at

http://groups.yahoo.com/grouping/...

Important note: In the NYC vending laws, artists are referred to as Written
Matter Vendors, not artists. Only those laws which use to written
affair vendors (sometimes alternately described as Beginning Amendment
protected vendors) utilize to street artists. At that place are many details,
variations and exemptions to these laws that are not described hither.
I'd suggest that you lot carry the entire vending police force with you whenever
vending. Also please read the articles on our website if y'all want to
fully understand the complex legal and political aspects behind this
issue.

5. Why are visual artists immune to sell without a vending license?

Before 1997 NYC street artists were required to have a vending license, notwithstanding
none were available. From 1993 until 1996 thousands of NYC artists
were arrested and had their art confiscated by the police for not
having a license. In 1993 an advocacy group was formed named, ARTIST
(Artists' Response To Illegal Land Tactics). Since 1996 when ARTIST
won its first 2 consolidated lawsuits [Bery/Lederman et al v Urban center
of NY] NYC street artists are exempted from whatever vending license and
are bailiwick to only those restrictions that apply to First
Subpoena-protected written matter vendors. In 2001 Artist members
won two more lawsuits [Lederman et al v Giuliani/Bach et al v Metropolis of
NY] which eliminated the Parks Department artist allow requirement.
Today artists demand no vending license or Parks permit anywhere in
NYC. You tin read the rulings and full history of these cases at the
website.

6. What does the Urban center of NY consider "art" from a legal perspective?

In this narrow vending context, a 'street creative person' is anyone selling visual
art. 'Visual Fine art' is broadly characterized by current NYC vending police force
as paintings, prints, photographs, sculptures, videos, DVDs, and CDs
- but may also include other items with expressive content. Being
handmade is not what makes an particular protected by free oral communication. [Please
note, these definitions of what is or is not fine art are the Metropolis of
NY'southward, not the Creative person groups'.] NYC vending police does not recognize
jewelry, crafts, handmade wearable or many other items of artistic
merit equally being Get-go Amendment protected and therefore exempt from a
vending license. Thousands of jewelry and craft vendors are arrested
each year. A recent Federal Appeals Court ruling, Mastrovincenzo 5
Metropolis of NY [see FILES section of the website] is the prevailing instance
law on this.

7. Permits, concessions, street fairs, Holiday Markets and art shows

The rights we won in our lawsuits are unlike from, and superior to,
the arrangements artists in other cites have where there are public
art shows that only a few artists are allowed to participate in. In
some US cities such equally San Francisco and Venice Beach California,
there are 1 or more limited areas where a handful of street artists
with a permit are immune to sell their works. Artists are forced to
navigate a very elaborate and oft very expensive system of getting
a let and so entering a lottery to win a space. The right to
sell art tin then be taken away past metropolis officials anytime they
desire, including for the slightest infraction of the rules. Nether
our organisation you lot demand no one's permission and your rights cannot be
taken away. It is a Constitutional right.

8. Are vending spots reserved?

Many street artists and vendors mistakenly believe that a vending spot
belongs exclusively to them one time they accept ready upwards in it over some
flow of fourth dimension. This belief has no legal footing and directly
contradicts the laws nearly free speech communication on public property. A vending
spot on public property is non a bank account. You don't earn
interest by staying in it over time. By definition, public space
ways the entire public is entitled to take access to it.
Nevertheless, we propose new street artists to proceed charily in
selecting a vending spot. Be sensitive to the fact that those who
routinely gear up in an expanse have established a pecking lodge. Going
out of your fashion to have a spot from someone who believes they own it
causes conflict and resentment. Artists who claim ownership of a
vending spot should read upward on the Commencement Amendment and educate
themselves well-nigh the real meaning of public space. Such claims of
ownership direct contradict all the legal rulings that made information technology
possible for you to sell art on the street.

9. Where and when telephone call I sell art?

While most street artists cling to a few areas such as SoHo, almost

every street in NYC and every single NYC Park is legally open to vending

by artists, so there

is more enough space for us all. You tin sell 24 hours a 24-hour interval on
most streets. Dark selling tin be as profitable as during the
day and there is much less competition for spaces. The Simply places
yous cannot sell are listed in the document, Streets Restricted to
Artists and Book Vendors in the FILES section of the ARTIST website.
Chelsea is now home to hundreds of art galleries and is an platonic
place to encounter serious fine art collectors.

x.
What are the vending laws in NYC Parks?

The
NYC Parks Department has slightly unlike vending laws than those
which apply on the street. If you read the outdated text of the Park
laws information technology nevertheless says no one can vend without a Parks permit. This is
truthful for all vendors EXCEPT artists, due to the rulings in the Artist
lawsuits. Vending stands in Parks are limited to eight anxiety in length and
may non block a pathway, or block or touch a bench. Delight use common
sense in interpreting what "blocking" a pedestrian pathway
or bench means. Zero may be attached to trees or other Parks
holding. No tables, stands, spot markers or other belongings may be
left unattended. Both on the street and in Parks artists should try
to cause as little inconvenience as possible to pedestrians. In the
FILES section is a three folio document from the Parks Department on
Park rules that apply to Showtime Amendment vendors. Annotation that this is
their listing, not ARTISTs'. It is just there so you lot can see what the
Park police are working from. To access the current park rules that

apply to artists see:

https://world wide web.nycgovparks.org/pagefiles/57/expressive-matter-faq.pdf

These rules are likely to change in the about future due to boosted lawsuits.

xi.
Are calligraphers and name painters protected past the Creative person rulings?

A controversy over this issue in Parks has recently been unofficially
resolved (For the media coverage of information technology do a search for inside the
ARTIST athenaeum or look in the FILES department nether the give-and-take
calligraphy.) The Parks Commissioner has publicly stated that
such artists are protected by the Artist rulings, however, he has so
far non officially inverse the policy in writing.

12.
Do I have to I move my vending stand if a storeowner, resident or
landlord tells me to?

Our
right to vend is nigh free oral communication on public property, which is the
curbside section of the sidewalk. Landlords, storeowners and edifice
residents have unique rights within their private property, which
extends a few feet from the wall. It'due south e'er a proficient idea to have a
harmonious relationship with property owners, but they have no
potency to lodge you to do annihilation while yous are on public
property aslope the curb. Every time an creative person abandons a legal
vending spot because a storeowner told them to, they accept encouraged
farther harassment. On the other hand, please do not set up annihilation,
including your chair, on private holding unless y'all accept the owners'
permission.

13.
How should I bargain with the law?

ARTIST
members are urged to get along with the constabulary and to act politely
and respectfully whenever dealing with them. Our struggle is not with
the police only with the people who ship them to harass u.s.a..
Unfortunately, NYC has a longstanding politically motivated policy of
harassing vendors which results in the NYPD and other enforcement
officials being deliberately misinformed virtually the vending laws. In
many instances they are ordered to illegally harass street artists.
This is due to political force per unit area from influential real estate
interests such as BIDs (Business concern Improvement Districts), and landlord
groups. This politically and financially
motivated harassment of vendors never ceases, and much of information technology is
completely illegal. What can you do? Apart from our group actions,
the way for individuals to protect themselves has 3 parts.

a.
Know the vending laws, carry them with you lot and be prepared to show
them to the police. If y'all are following the law not even the police force
take a right to move you. Y'all will detect from feel that most
police officers know very piffling nigh the bodily vending laws.

b.
Record record, videotape and photograph all conversations, enforcement
deportment and interactions with the constabulary, including them measuring
your stand. This is 100% legal in NYC, with or without their
knowledge that y'all are taping. They are instructed in their own rules
(the NYPD Patrol Guide) to not interfere with your doing so. You tin
legally utilise these tapes and photos in your defense in court, and they
will help you beat any faux charges. Likewise, you lot can and should
document whatever gallery, storeowner or resident harassing you. A video
photographic camera is the best protection you tin have on the street. Videotapes,
audiotapes and photographs brand the best testify in courtroom.

c.
Never plead guilty to any summons if yous are non guilty. Sue the city
for damages if they harass y'all. Artist members accept won many lawsuits
against NYC and these lawsuits are the entire reason you tin can now
legally sell art on the street and in Parks.

14.
Should I participate in ARTIST protests and rallies?

As
a group Creative person periodically engages in protests in order to pressure
Metropolis officials to back off on illegal harassment. When City officials
attempt to create new laws to take away our rights, as they are preparing
to practise right now, we fight dorsum by using our First Subpoena correct to
nonviolently protest, engage in letter writing campaigns, show at
hearings and to vestibule elected officials. When we have the next
protest or other activeness, delight participate and try to become other
artists to attend as well. If you lot take the fourth dimension and free energy to sell on
the street, yous should feel an obligation to help united states defend these
rights.

Over
the past decade ARTIST has successfully stopped every effort by
elected officials to create new vending restrictions on street
artists. NYC officials have never voluntarily "given"
annihilation to street artists. Everything they endeavour to do is about taking
our rights away. When at that place is unjustified police enforcement we also
engage in spontaneous immediate protests. Please have a sign saying
Cease HARASSING THE ARTISTS or something similar at your stand up so that
you volition exist prepared to assistance your fellow street artists if needed.

15.
What should I do if a reporter or City official wants to interview me
most vending?

Talk
to them, merely be very careful about what you say. Most NYC newspapers
and TV stations are politically aligned with powerful landlord and
business protection groups that have been trying to eliminate vending
for decades. Reporters will frequently try to get you to say
something negative about other vendors or to support the need for new
vending restrictions. City officials routinely engage in this same
technique during private meetings with vendors and in hearings about
vending before the Metropolis Council. These City officials get huge
campaign contributions from the landlord groups that are the most
committed opponents of vending. They are non interested in your
ideas on improving vending but only on getting you lot to prove against
other vendors. They will also endeavor to go you to say how much you lot brand
on the street and and so use that every bit justification for supporting a
vending license, new taxes on vendors or other new restrictions. If
you choose to talk publicly virtually vending, don't let yourself be
exploited past the media or past elected officials in this way. When
interviewed or when testifying earlier the City Quango most vendors
say all the incorrect things, giving our critics exactly what they are
looking for in the way of dissentious statements about the vending
scene. Please refer all reporters and inquiries from elected
officials to the Artist website and give them my phone number so they
tin can get the full picture on art vending. Besides, let them know you are
a member of ARTIST.

In
the archive of our website you tin can find more than than i,000 articles on
the politics behind vending, including most mainstream news manufactures
on it from the past ten years. Yous'll as well detect links for maps of
NYC, the weather condition, copyright info, search engines, legal archives and
a nifty bargain of other information that will be of great value and
interest.

There
are daily challenges and obstacles to be overcome for all vendors in
NYC. Drastic new vending laws are correct at present being proposed by existent
estate interests, City officials and fifty-fifty by some misguided vendors
who, for financial and territorial reasons, want to restrict other
vendors from the street. If you want to accept a good experience on the
street there's a lot more than y'all need to know than merely the basic
vending laws. Our Artist newsletter is where y'all will go all this
updated information as needed.

xvi.
How do I subscribe to the ARTIST newsletter?

If
you want to know what's going on with police enforcement and help
defend the irreplaceable rights the members of ARTIST take already
won, subscribe to our free email newsletter by sending a blank email
to:

NYCStreetArtists-subscribe@yahoogroups.com

Y'all
will get an email from Yahoo. Respond to that and you are subscribed.

No
other artists in the U.South. have the rights we've won hither. Let'southward hold
on to them.

Artist
POWER!

Robert
Lederman, President of A.R.T.I.S.T.

201 777-0391

artistpres@gmail.com

TO SUBSCRIBE TO THE ARTIST LIST ship an email with the give-and-take "subscribe" to:
ARTIST+subscribe@groups.io
And so, please add this e-mail address to your condom sender list in your email client's contacts
and so that the emails do non go to spam:
Artist@groups.io

For
videos go to:

http://www.youtube.com/contour?user=artistpres

ARTIST Ability!

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