Art Crimes Front Page
Federal Appeals court hearing goes badly for City; Council Member Freed retaliates by ordering more artist arrests; A.R.T.I.S.T. demonstration sceduled for 5/1/96 in SoHo (corner Prince and Mercer).
On Friday 4/26 the 2nd circuit Federal Appeals Court heard oral arguments in Lederman v. City of New York 94 civ. 7216 (MGC). The panel of three judges appeared unconvinced by Council Member Freed and the SoHo Alliance's position that visual art, "...does not involve communication of thoughts or ideas..." and that public art displays pose a "danger" to the public. The judges also agreed with the artist/plaintiffs represented by Dewey Ballentine and the ACLU that the City had effectively and arbitrarily instituted a total and unconstitutional ban on public displays of an entire medium of expression.
On Sunday 4/28/96 20 plainclothes and uniformed police swooped down on Prince Street and proceeded to handcuff and arrest artists, destroy paintings and confiscate original art. Passing tourists, store owners and residents were shocked by the large number of police and the aggressiveness of the operation. Initially seven artists were taken into custody, others managing to flee the area. A number of the artists who were arrested had not yet displayed their art but were merely standing and talking.
A.R.T.I.S.T. president Robert Lederman was arrested after taking photos of the police tearing a painting in half and speaking to passerbys about the illegality of the police actions. Lederman was charged with Obstruction of Government Justice and Disorderly Conduct.
NYPD officers on the scene said they'd been ordered by City Council Member Kathryn Freed to make the arrests. Approximately 250 original painting were confiscated or destroyed in the operation. This brings the number of artist arrests in New York City since 1993 to over 300. None of these artists has been found guilty of any crime or given a trial.
The following individuals and organizations support artists' First Amendment rights and have filed briefs in support of the artists in this case:
The Museum of Modern Art, The Whitney Museum, The ACLU, Volunteer Lawyers for the Arts, The College Arts Association, the N.Y.C. Arts Coalition, The N.Y. Foundation for the Arts, Ronald Feldman, art historians Irving Sandler and Simon Schama and artists Claes Oldenburg, Chuck Close, Jenny Holzer, Hans Haacke and David Hammons. [See:"Conflict on the Street: Artists v. N.Y.C." Christian Science Monitor 2/14/96, pg. 11; Art In America, March 96 pg 128, "New Allies for Street Artists"; N.Y. Times "Street Art: Free Speech or Just Stuff?" 1/24/96 page B1].
A.R.T.I.S.T. will hold a paint-in and demonstration at the corner of Prince and Mercer Streets on Wednesday, May 1, starting at 4 P.M. For more information contact (718) 369-2111 or visit the A.R.T.I.S.T. web site: http://homepage.interaccess.com/~mar/nyc.html