Alessandro G.

Olivieri, General Counsel

Adrian Benepe, Parks Commissioner
Department of Parks & Recreation
The Arsenal -Central Park
830 Fifth Avenue
New York, New York 10065

Re: New Proposed Rules

April 22, 2010

Dear Mr. Olivieri and Mr. Benepe,

At the April 10th, 2010 monthly Board meeting of the Union

Square Community Coalition (USCC), the board unanimously
passed a resolution in opposition to the proposed change of
vending rules for artists in four major New York City parks,
including Union Square.

The USCC Board believes that no limit should be put on the First
Amendment right to Freedom of Speech which the proposed new
rules for artists would undoubtedly do.

As you are aware, for 30 years USCC has been a tireless watchdog
for Union Square Park. Operating from a unique vantage point,
throughout these years USCC's advocacy and programs have
helped to restore safety to a once forlorn public space. Public
safety is of the utmost concern to our organization. We firmly
believe, and have experienced, that artists do not pose a safety
hazard – in fact just the opposite.

Union Square Community Coalition

P.O. Box 71, Cooper Station, New York, NY 10276 | (212) 613-6235
www.unionsquarecommunitycoalition.org mail@unionsquarecommunitycoalition.org
The rich diversity of artists and their wares bring much life to the
park. Countless people enjoy walking through the art market. The
effects of the proposed limitations go way beyond First Amendment
issues; the proposals would severely reduce the vibrancy that artists
create in the whole community. And like the immensely popular
Greenmarket, the panoply of artists bring additional business to the
surrounding area. Their presence also contributes to the safety of the
park. It is therefore perplexing that the only people who seem to be
complaining about legal artists in Union Square Park are the Union
Square Partnership and those affiliated with the BID!

The USCC Board believes that the existing park rules in conjunction
with the 60 plus pages of NYC vending restrictions are sufficient to
control congestion and help to ensure public safety. For example, the
existing rules expressly prohibit any artist from using or leaning on a
park bench or any other park objects such as fences, walls, trees,
signs, etc. Artists are also expressly prohibited from obstructing
entrances, stairs, doorways and paths and their displays are strictly
limited to 8' in length, 3' in depth and 5' in height.

The selling of non-free speech items are expressly prohibited by city

rules yet these rules are not being adequately enforced by Park
Enforcement Officers. This is a directive from the administration. It is
necessary that they and the NYPD give summons to illegal vendors
who, it is estimated, comprise roughly 30% of vendors in the park.
Even Commissioner Benepe has decried the illegal '"year-round flea
markets" and "selling stuff that you wouldn't consider expressive art"
as protected by the First Amendment. If the existing directives of
the city administration were properly enforced there would be freer
movement and less congestion in the parks!

Union Square Community Coalition

P.O. Box 71, Cooper Station, New York, NY 10276 | (212) 613-6235
www.unionsquarecommunitycoalition.org mail@unionsquarecommunitycoalition.org
New York City is the art capital of the world and Union Square is an
internationally recognized symbol of free speech. To propose policies
that would clearly impinge upon this constitutional right and time-
honored tradition, is totally unacceptable. We stand both for history
and American rights!

Sincerely,

Marjorie Berk
On behalf of the USCC Board of Directors

"...the Union Square Community Coalition, a 23-year-old group whose

passionate advocacy has helped change the nabe for the better." , –
New York Times, Sept. 7, 2003

Union Square Community Coalition

P.O. Box 71, Cooper Station, New York, NY 10276 | (212) 613-6235
www.unionsquarecommunitycoalition.org mail@unionsquarecommunitycoalition.org