Posted on 04 January 2010.
To The Editor:
Re “Nature is its own art” (letter, by Sharon Woolums, Dec. 23):
I share Sharon Woolums’s appreciation of nature and her sentiment that New York City parks should be places of calm. Unfortunately, the Parks Department has a different viewpoint. It is the Parks Department, not street artists, that is at the forefront of commercializing New York City parks. One has only to experience the parks at the holiday season to see what their real “vision” is for our newly privatized public parks.
Thousands of park vending concessions selling T- shirts, souvenirs and junk food are auctioned off to the highest bidder. One corporation is chosen to own all the vending concessions in each park; the “vendors” operating these profitable stands are minimum-wage employees. Huge “Holiday Markets” take over entire parks for a month at a time so that hundreds of non-First Amendment-protected vendors — who would otherwise be considered by the New York Police Department to be illegally vending — can sell a variety of items available in nearby stores.
Corporations rent out entire parks to launch new product lines, to hold fashion shows or to host private parties for the city’s wealthiest residents. There are even bars and fast-food restaurants in some New York City parks. For 30 days at a time, 24 hours a day, Christmas tree vendors set up gigantic, block-long displays on Parks property with the department’s full approval — with displays that are literally 100 times the legal size of an artist’s display.
Unlike other New York City parks, the High Line was conceived to benefit the local real estate and commercial interests of the Meatpacking and Chelsea districts, not the general public. It was designed to attract wealthy residents and tourists to the area’s more than 200 art galleries, as well as its newly constructed luxury hotels, designer stores and expensive restaurants.
Much of the wood used in its construction is from endangered species cut from ancient, primary forests, including the Amazon. Since the park’s opening, the Parks Department has had vending concessions up there — as well as a three-day, pop-up Target Store right under the High Line at Gansevoort St. And, according to both the Parks commissioner and the Friends of the High Line, they plan more vending concessions for this park.
Despite all that, should the artistic speech of First Amendment-protected street artists have a place in our parks, or are parks just for contemplating nature? Here’s what the U.S. Supreme Court ruled on free speech in parks:
“Wherever the title of streets and parks may rest, they have immemorially been held in trust for the use of the public and, time out of mind, have been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions. Such use of the streets and public places has, from ancient times, been a part of the privileges, immunities, rights, and liberties of citizens.” (Hague v C.I.O., 1939.)
Robert Lederman
Lederman is president, ARTIST (Artists’ Response to Illegal State Tactics)
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