NYC Parks is instituting new rules, which will bring performers & musicians into the previously enacted rule regarding expressive matter vendors (material artists).
Parks Commissioner Castro tried to make the case before the CB2 Parks Committee at a public meeting last night, stating that the rule doesn't mean what it says ("a slight adjustment to the rule will not effect musicians"). Artist activist Robert Lederman countered, claiming that nearly everything Castro stated to the Committee was in contradiction to the actual rules being put into effect.
Video of Commissioner Castro & Lederman recorded last night:
Manhattan Park Commissioner Castro 5/1/13
The New Rule [pdf]:
Statement of Basis and Purpose
The purpose of this proposed rule is to:
Clarify the Department’s original intent that individuals providing entertainment, such as musical performances, juggling, dance, or other performance arts in exchange for a fee or for a donation are considered vendors and that entertainment services and performances are considered expressive matter under the Department’s rules.
Indicate clearly that vendors of expressive matter, including entertainers, are exempt from permitting requirements of the Department applicable to vendors of goods or services so long as they comply with the Department’s Expressive Matter Vending Rules.
Address the recent decision in the Matter of New York Skyline, Inc., 94 A.D.3d 23 (1st Dep’t 2012), leave to appeal denied, 2012 N.Y. LEXIS 2019 (Aug. 30, 2012), which held that vendors of tickets to entertainments are exempt from permit requirements of the General Vendors Law, insofar as, without the proposed revisions, that decision could have been construed to similarly exempt entertainers from having to comply with the Department’s Expressive Matter Vending Rules.
Deleted material is in [brackets]; new text is underlined.
Section 1. Section 1-02 of Title 56 of the Official Compilation of the Rules of the City of New York is amended to read as follows:
Expressive Matter. “Expressive matter” means materials or objects with expressive content, such as newspapers, books, or writings, or visual art such as paintings, prints, photography, [or] sculpture, or entertainment.
§ 2. Section 1-05(b) of Title 56 of the Official Compilation of the Rules of the City of New York is amended to read as follows:
(b) Unlawful Vending.
(1) No person in or on any property under the jurisdiction of the Department shall sell, offer for sale, hire, lease or let anything whatsoever, including, but not limited to goods, services, or entertainment, or provide or offer to provide services or items, or entertainment in exchange for a donation (hereinafter “vend”), except under and within the terms of a permit, or except as otherwise provided by law. For the purposes of this entire section, persons who vend as defined herein may be referred to as “vendor” or “vendors.”