Old Man Selling Paintings is Missing

anonymous

Did you notice that the old man selling paintings on Eastern Parkway is missing? Well, I watched the whole B.S. go down. One day last week I was walking my dog, and almost got ran over by a bicycle cop riding on the sidewalk! Yes these lunatics give regular people tickets for that, but break the law themselves. Anyway, this smug looking cop really gave the poor old man a hard time. He was really rude and very cocky, and when the old man mentioning something like wanting to speak to someone in charge, the cop said "there's nobody in charge but me. what i say goes". Well, i never knew how much i appreciated seeing the old man on eastern parkway until now. Now that he doesn't dare to come out anymore. My question is, who was he bothering? I doubt he sold any paintings ever, but he was there everyday. He probably just loved being out there to watch the world go by. And why can't these stupid cops go catch some real criminals instead!!!! Pisses me off. I hope the old man will come back someday. But i doubt it.

carnivore

Subject: Re: Old Man Selling Paintings is Missing

guest wrote: Did you notice that the old man selling paintings on Eastern Parkway is missing? Well, I watched the whole B.S. go down. One day last week I was walking my dog, and almost got ran over by a bicycle cop riding on the sidewalk! Yes these lunatics give regular people tickets for that, but break the law themselves. Anyway, this smug looking cop really gave the poor old man a hard time. He was really rude and very cocky, and when the old man mentioning something like wanting to speak to someone in charge, the cop said "there's nobody in charge but me. what i say goes". Well, i never knew how much i appreciated seeing the old man on eastern parkway until now. Now that he doesn't dare to come out anymore. My question is, who was he bothering? I doubt he sold any paintings ever, but he was there everyday. He probably just loved being out there to watch the world go by. And why can't these stupid cops go catch some real criminals instead!!!! Pisses me off. I hope the old man will come back someday. But i doubt it.

That is total B.S. if that guy got harrassed into leaving. Artwork is Constitutionally-protected free speech. He has every right to sell it wherever he wants, and he doesn't need a permit to do it.

dailyheights

Subject: Re: Old Man Selling Paintings is Missing

Carnivore wrote: Artwork is Constitutionally-protected free speech. He has every right to sell it wherever he wants, and he doesn't need a permit to do it.

This can't be correct... Vendors are vendors, and commerce is commerce. The guy was definitely not sharing his personal vision, making a political statement, or exercising his free speech... he was selling a product. If I remember correctly, he was selling a bunch of cookie-cutter mass-produced paintings that were pretty kitschy.

carnivore

Subject: Re: Old Man Selling Paintings is Missing

dailyheights wrote: [quote=Carnivore]Artwork is Constitutionally-protected free speech. He has every right to sell it wherever he wants, and he doesn't need a permit to do it.

This can't be correct... Vendors are vendors, and commerce is commerce. The guy was definitely not sharing his personal vision, making a political statement, or exercising his free speech... he was selling a product. If I remember correctly, he was selling a bunch of cookie-cutter mass-produced paintings that were pretty kitschy.
Commerce is not commerce. Whatever your opinion of the quality of the art he's selling, it still qualifies as speech. You can sell books anywhere without a permit too.

Ask Norman Siegel! (future Public Advocate?)

Here's one relevant court decision (although there are others):

http://www.sacredlight.to/pages/decision.htm

dailyheights

Cool. Let's set up a table and sell some free speech.

In any case, let's not rush to vilify the NYPD based on a second-hand story posted anonymously on a message board. First of all, "catching real criminals" has never been the job of every cop on the street. Maybe the cop told the guy to move because his display/people stopping to browse was hindering foot traffic. That sidewalk gets dangerously crowded on the weekends, and it fronts THE most treacherous boulevard in the city, as we all know from reading Daily Heights:

http://www.dailyheights.com/archives/2005/01/parkway_of_deat.html

Pretend for a moment that you're the beat cop assigned to monitor pedestrian traffic at that intersection. Would you rather risk a pedestrian death on your watch, or risk coming off as uncool and heavy by telling the kindly old painter man to take a hike?

lunchmeat

sadly, yes selling artwork on the streets is constitutionally protected. But you must get a certificate of authority ( which gives you the "authority" to charge and pay sales tax) to make it legal. Interesting, though is that photographs are not considered art. They wouldn't give me my authority until i told them i wouldn't sell photographs...ever. You need a vending license for that.
There are also certain rules/regs about setting up on the sidewalk, but i'm sure the cops enforce them when and how they feel like it

carnivore

lunchmeat wrote: sadly, yes selling artwork on the streets is constitutionally protected.

Why do you say "sadly"?

anonymous

because i'm at work, and i need to proofread and uh...uhh.. i don't know, its not what i meant

anonymous

I'm only anonymously because i have a brand new baby and i have no time to sign up and stuff. The art was not to my taste either, but that's beside the point. The guy was never pushing stuff onto others. Like I said, I doubt he ever even sold a painting. He just liked being there.

Maybe the cop was wanting to "protect" pedestrians. But if that was the case, then he shoud FUCKING GET OFF the sidewalk with his bike. It was a typical pathetic display of power trip. Hence I'm so upset by it.