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Restrictions Limiting Art Vendors in Parks Lifted Temporarily by Judge

By Heather Grossmann | August 26, 2010 6:51pm | Updated on August 27, 2010 6:16am

By David Pitt

DNAinfo Reporter/Producer

LOWER MANHATTAN — Artists furious over a new city ordinance that limits how many of them can sell their work at any one time in four city parks got a temporary reprieve from a judge this week, who ordered that the restrictions be lifted until a hearing on Monday.

A group of artists have filed a lawsuit that argues that the regulation, which went into effect July 19th, is an unconstitutional infringement on their right to free expression.

The Bloomberg administration maintains that an unrestricted number of artists hawking their wares pose a hazard to pedestrians in the parks.

On Wednesday, Judge Martin Schoenfeld issued a temporary restraining order in State Supreme Court, temporarily lifting the restrictions, according to the New York Times.

Under the ordinance, first proposed in April, a designated number of art vendors are allowed into each park, where they are required to position themselves in spaces marked by medallions reading “Expressive Matter Vendors.”

In Union Square, for example, a total of 18 artists are allowed to sell their works. But the designated spaces are available on a first-come, first-served basis, which the artists say creates needless competition.

Some artists, desperate for a spot, have resorted to spending the night at park entrances, while others have come up with creative ways to take their operations mobile to avoid the restrictions.

In addition to Union Square, the other parks where headcounts are imperative include Central Park, the sidewalk area at the Metropolitan Museum of Art, Battery Park and the High Line.