Highbrow/Despicable Versus Lowbrow/Despicable!

For years, it has been settled law that artists — merchants of everything from hackneyed images of Manhattan to names on grains of rice — have been constitutionally protected to sell their wares in city parks. That apparently is not the case for the High Line:

In 2001, both state and federal courts ruled that New York City could not require permits for artists in parks under the First Amendment under a case brought by Mr. [Robert A.] Lederman. In addition, Mr. Lederman was also a plaintiff in an earlier case which established artists’ rights to sell on the streets in 1997, under the argument that the artists deserved the same protections as booksellers and others selling printed materials, who had long been exempt from licensing.

On Saturday, Mr. Lederman said, representatives of Friends of the High Line, including security and supervisors, had approached him all day, threatening him. Finally they brought a parks enforcement officer. “I showed them a New York Times article and a New York Post article about the artist permit being overturned and that artists don’t need a permit,” said Mr. Lederman, who said it appeared that the enforcement officer believed him. However, Mr. Lederman said that the officer was pressured to issue summonses and arrest him.

When asked about the situation, Katie Lorah, a spokeswoman for Friends of the High Line, said, “We’re actually not commenting right now” and referred all questions to the Department of Parks and Recreation.

The DPR spokesperson claimed the High Line was somehow different. The artist in question fleshes out that argument for them:

“The parks department and the High Line people have their own agenda for commercializing this park, and they’re hoping to nip street artists in the bud by arresting me,” he said. “Frankly I think they made a tremendous mistake. I’m not looking to make a big commotion on the High Line. I would prefer not to have to do that. I certainly don’t need to go back there to make the point. They made the point already. They gave me five different summonses. I’m not going to have to prove anything to the judge about what they’re intentions were and continue to be. I plan to go back there to sell my art if not to protest, and I have a right to. I intend to exercise that right.”

Location Scout: High Line.