How To Sell Your Art On The Streets of NYC

‎The Basics: selling art on NYC streets or in parks

SELLING ART ON THE STREETS OF NYC: The Legal Basics
By Robert Lederman, President of A.R.T.I.S.T.
(Artists' Response To Illegal State Tactics)
Contact: artistpres@gmail.com (201) 777-0391
Leave a short, clear message and I’ll call you back.
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For ARTIST videos showing the history of our movement go to:
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[The author has vended his original art on the streets since 1961.

Between 1996 and the present he was the lead plaintiff in a series

of Federal lawsuits that established an artists' right to vend art on

NYC streets and in NYC Parks without the need for any license or permit.

SELLING ART ON THE STREETS OF NYC: The Legal Basics

By
Robert Lederman, President of A.R.T.I.S.T.

(Artists'
Response To Illegal State Tactics)

contact:
artistpres@gmail.com

Questions? (201) 777-0391

Leave a brief message with your name, # and what kind of art you sell and I

will call you back. Please subscribe to the website and read, The Basics, before calling

with questions.

Group
website and newsletter:

https://groups.yahoo.com/neo/groups/nycstreetartists/info

For ARTIST videos showing the history of our movement go to:

http://www.youtube.com/profile...

Here's the most basic information about vending art in NYC written in a
question and answer format. Please share it with your fellow artists
and vendors.

1.
Are there any restrictions on selling art?

Due to the rulings in the ARTIST lawsuits, those selling visual art on
public property in NYC now have the same Constitutional protections
as someone selling a book or a newspaper. This means they are no
longer required to have a vending license or Parks Department vending
permit. They can sell art from a table, an easel or a stand as long
as it is within the size limits and is placed in a legal vending
spot. Nevertheless, we are legally considered vendors and remain
subject to a few specific time, place and manner restrictions. If you
violate these restrictions, you could get a summons. In some
instances, you may also be subject to confiscation of your art or
arrest. These “time, place and manner of display,” vending
restrictions only apply if we are using a vending stand. An
alternative way to sell is called, No Stand Vending. If we are
holding art in our hands and selling it; if we have a display that
does not rest on the ground (in other words we hold, wear or carry
it); if we are only displaying art on a stand and are not offering it
for sale; or, if we are only creating art there are no legal
restrictions on the time, distance from a door or which streets we
can sell on. This list of streets that are restricted to artists only
applies if you are using a vending stand and are selling the art. See
the No Stand documents in the FILES section of the website. Also see
No Stand vending videos with examples of how to do this at:

http://www.youtube.com/profile...

No stand vending ONLY applies to First Amendment protected vendors and
ONLY to those who are selling on a street that is otherwise
completely restricted to ALL vending. There are official NYPD
documents on No Stand vending and the list of restricted streets in
the FILES section of the ARTIST website.

2.
What are the basic vending law rules for artists?

(Note: The full text of the NYC vending laws is 60 pages long. This is only
a partial summary for your convenience.)

Art vending stands must be located at least 20' from a door, 10' from a corner and

must not touch or in any way be attached to a fire hydrant or other
item of street furniture such as a parking meter, sign, lightpole or
telephone booth. There is no required distance from a fire hydrant,
only that you may not touch it (See hydrant laws in FILES section).
The size limit of an art vending display is 5' in height, 8' in
length and 3' in width. There is no specified limit for a display of
art that is not for sale. The sidewalk must be at least 12' wide in
order to use it. You cannot legally place art against a wall, on a
store window or on a fence unless you have written permission from
the property owner. You cannot legally lay art on the floor or
display it on your car. While you can legally sell another person's
art, one person cannot sell from more than one stand unless the total
size of the combined stands is 8' or less. Individuals selling from
two or three full-sized stands or from a grossly oversized stand are
both violating the law and unfairly denying other artists and vendors
space on the street.

Tax
ID

The City requires all vendors including written matter vendors and
artists to have a sales tax ID and carry it with them while vending.

If you are not selling anything, you do not need a tax ID.

Other types of vendors (disabled veterans, food vendors, general
merchandise licensed vendors) have more restrictive legal rules and
street restrictions. If you want to be sure what the current laws are
and want to have authoritative proof of them to show a police
officer, get and carry the vending law documents noted above.

Restricted Streets

Artists may also sell on an otherwise completely restricted street, such as
Fifth Avenue in Midtown or Prince Street in SoHo on Saturday and
Sunday if a disabled veteran vendor is set up there (OR if they are
engaged in No Stand Vending.) In the files section there is an
official NYC document about artists and disabled vets. You will want
it with you if you intend to do this.

Exigent circumstances

One other important law you need to know concerns "exigent
circumstances." Police can cite exigent circumstances and then
order you to close up an otherwise legal vending stand IF there is an
accident, fire, parade, protest, fire or other emergency. If a
sidewalk becomes "unusually" crowded they can also cite
exigent circumstances. Exigent circumstances is a temporary emergency
condition. Police cannot lawfully cite exigent circumstances just
because someone in a store or apartment house made a complaint about
a vendor or artist.

What do I do if my art is ever confiscated by the police?

If the police ever confiscate your art or art display for violating
vending laws it is crucial that you get a voucher from them
describing in detail whatever they took. By law, you can get
everything back within 24 hours at the precinct it was taken to
regardless of the outcome of your summons case. If you have not
gotten a voucher you will likely get nothing back. The police are
required by law to give you a voucher. If they refuse, make sure to
get that on tape! It is 100% legal in NY State to tape record,
videotape or photograph the police. In the links section see State by
State, Rules for Taping Conversations.

3. Are you allowed to sell someone else's art on the street?

All the rights and laws concerning NYC street artists apply equally to
artists selling their own works and to art vendors selling someone
else's work. Under full First Amendment protection, someone selling a
book, a newspaper or making a speech need not be the author. The
essence of why you can sell on the street under the First Amendment
is that you are expressing ideas. It is NOT based on making something
by hand. Anyone expressing ideas is similarly protected whether or
not they originated those ideas.

4. Where can I find the entire texts of the NYC vending laws in writing?

On the opening page of the ARTIST website
http://groups.yahoo.com/group/... along the left-hand
side of the page is a section of links, files and photos. In those
sections you can find the full text of all the laws of NYC concerning
vending, as well as many other important documents. (Note that only
subscribed members with a valid Yahoo I.D. can access the files. It
is free to subscribe and join.) Vending laws are regulated by the DCA
(Department of Consumer Affairs) located at #42 Broadway. You can get
a printed copy of the entire 60 page vending law from DCA, on the 5th
floor. Ask them for the separate, "List of Streets Restricted to
Artists and Book Vendors", which is also available digitally at

http://groups.yahoo.com/group/...

Important note: In the NYC vending laws, artists are referred to as Written
Matter Vendors, not artists. Only those laws which apply to written
matter vendors (sometimes alternately described as First Amendment
protected vendors) apply to street artists. There are many details,
variations and exemptions to these laws that are not described here.
I'd suggest that you carry the entire vending law with you whenever
vending. Also please read the articles on our website if you want to
fully understand the complex legal and political aspects behind this
issue.

5. Why are visual artists allowed to sell without a vending license?

Before 1997 NYC street artists were required to have a vending license, yet
none were available. From 1993 until 1996 thousands of NYC artists
were arrested and had their art confiscated by the police for not
having a license. In 1993 an advocacy group was formed named, ARTIST
(Artists' Response To Illegal State Tactics). Since 1996 when ARTIST
won its first two consolidated lawsuits [Bery/Lederman et al v City
of NY] NYC street artists are exempted from any vending license and
are subject to only those restrictions that apply to First
Amendment-protected written matter vendors. In 2001 ARTIST members
won two more lawsuits [Lederman et al v Giuliani/Bach et al v City of
NY] which eliminated the Parks Department artist permit requirement.
Today artists need no vending license or Parks permit anywhere in
NYC. You can read the rulings and full history of these cases at the
website.

6. What does the City of NY consider “art” from a legal perspective?

In this narrow vending context, a 'street artist' is anyone selling visual
art. 'Visual Art' is broadly characterized by current NYC vending law
as paintings, prints, photographs, sculptures, videos, DVDs, and CDs
- but may also include other items with expressive content. Being
handmade is not what makes an item protected by free speech. [Please
note, these definitions of what is or is not art are the City of
NY’s, not the ARTIST groups’.] NYC vending law does not recognize
jewelry, crafts, handmade clothing or many other items of artistic
merit as being First Amendment protected and therefore exempt from a
vending license. Thousands of jewelry and craft vendors are arrested
each year. A recent Federal Appeals Court ruling, Mastrovincenzo v
City of NY [see FILES section of the website] is the prevailing case
law on this.

7. Permits, concessions, street fairs, Holiday Markets and art shows

The rights we won in our lawsuits are different from, and superior to,
the arrangements artists in other cites have where there are public
art shows that only a few artists are allowed to participate in. In
some US cities such as San Francisco and Venice Beach California,
there are one or more limited areas where a handful of street artists
with a permit are allowed to sell their works. Artists are forced to
navigate a very elaborate and often very expensive system of getting
a permit and then entering a lottery to win a space. The right to
sell art can then be taken away by city officials anytime they
desire, including for the slightest infraction of the rules. Under
our system you need no one's permission and your rights cannot be
taken away. It is a Constitutional right.

8. Are vending spots reserved?

Many street artists and vendors mistakenly believe that a vending spot
belongs exclusively to them once they have set up in it over some
period of time. This belief has no legal basis and directly
contradicts the laws about free speech on public property. A vending
spot on public property is not a bank account. You don't earn
interest by staying in it over time. By definition, public space
means the entire public is entitled to have access to it.
Nevertheless, we advise new street artists to proceed cautiously in
selecting a vending spot. Be sensitive to the fact that those who
routinely set up in an area have established a pecking order. Going
out of your way to take a spot from someone who believes they own it
causes conflict and resentment. Artists who claim ownership of a
vending spot should read up on the First Amendment and educate
themselves about the real meaning of public space. Such claims of
ownership directly contradict all the legal rulings that made it
possible for you to sell art on the street.

9. Where and when call I sell art?

While most street artists cling to a few areas such as SoHo, almost

every street in NYC and every single NYC Park is legally open to vending

by artists, so there

is more than enough space for us all. You can sell 24 hours a day on
most streets. Nighttime selling can be as profitable as during the
day and there is much less competition for spaces. The ONLY places
you cannot sell are listed in the document, Streets Restricted to
Artists and Book Vendors in the FILES section of the ARTIST website.
Chelsea is now home to hundreds of art galleries and is an ideal
place to encounter serious art collectors.

10.
What are the vending laws in NYC Parks?

The
NYC Parks Department has slightly different vending laws than those
which apply on the street. If you read the outdated text of the Park
laws it still says no one can vend without a Parks permit. This is
true for all vendors EXCEPT artists, due to the rulings in the ARTIST
lawsuits. Vending stands in Parks are limited to 8 feet in length and
may not block a pathway, or block or touch a bench. Please use common
sense in interpreting what "blocking" a pedestrian pathway
or bench means. Nothing may be attached to trees or other Parks
property. No tables, stands, spot markers or other property may be
left unattended. Both on the street and in Parks artists should try
to cause as little inconvenience as possible to pedestrians. In the
FILES section is a three page document from the Parks Department on
Park rules that apply to First Amendment vendors. Note that this is
their list, not ARTISTs’. It is just there so you can see what the
Park police are working from. To access the current park rules that

apply to artists see:

https://www.nycgovparks.org/pagefiles/57/expressive-matter-faq.pdf

These rules are likely to change in the near future due to additional lawsuits.

11.
Are calligraphers and name painters protected by the ARTIST rulings?

A controversy over this issue in Parks has recently been unofficially
resolved (For the media coverage of it do a search for within the
ARTIST archives or look in the FILES section under the word
calligraphy.) The Parks Commissioner has publicly stated that
such artists are protected by the ARTIST rulings, however, he has so
far not officially changed the policy in writing.

12.
Do I have to I move my vending stand if a storeowner, resident or
landlord tells me to?

Our
right to vend is about free speech on public property, which is the
curbside section of the sidewalk. Landlords, storeowners and building
residents have unique rights within their private property, which
extends a few feet from the wall. It's always a good idea to have a
harmonious relationship with property owners, but they have no
authority to order you to do anything while you are on public
property alongside the curb. Every time an artist abandons a legal
vending spot because a storeowner told them to, they have encouraged
further harassment. On the other hand, please do not set up anything,
including your chair, on private property unless you have the owners’
permission.

13.
How should I deal with the police?

ARTIST
members are urged to get along with the police and to act politely
and respectfully whenever dealing with them. Our struggle is not with
the police but with the people who send them to harass us.
Unfortunately, NYC has a longstanding politically motivated policy of
harassing vendors which results in the NYPD and other enforcement
officials being deliberately misinformed about the vending laws. In
many instances they are ordered to illegally harass street artists.
This is due to political pressure from influential real estate
interests such as BIDs (Business Improvement Districts), and landlord
groups. This politically and financially
motivated harassment of vendors never ceases, and much of it is
completely illegal. What can you do? Apart from our group actions,
the way for individuals to protect themselves has three parts.

a.
Know the vending laws, carry them with you and be prepared to show
them to the police. If you are following the law not even the police
have a right to move you. You will find from experience that most
police officers know very little about the actual vending laws.

b.
Tape record, videotape and photograph all conversations, enforcement
actions and interactions with the police, including them measuring
your stand. This is 100% legal in NYC, with or without their
knowledge that you are taping. They are instructed in their own rules
(the NYPD Patrol Guide) to not interfere with your doing so. You can
legally use these tapes and photos in your defense in court, and they
will help you beat any false charges. Likewise, you can and should
document any gallery, storeowner or resident harassing you. A video
camera is the best protection you can have on the street. Videotapes,
audiotapes and photographs make the best evidence in court.

c.
Never plead guilty to any summons if you are not guilty. Sue the city
for damages if they harass you. ARTIST members have won many lawsuits
against NYC and these lawsuits are the entire reason you can now
legally sell art on the street and in Parks.

14.
Should I participate in ARTIST protests and rallies?

As
a group ARTIST periodically engages in protests in order to pressure
City officials to back off on illegal harassment. When City officials
try to create new laws to take away our rights, as they are preparing
to do right now, we fight back by using our First Amendment right to
nonviolently protest, engage in letter writing campaigns, testify at
hearings and to lobby elected officials. When we have the next
protest or other action, please participate and try to get other
artists to attend as well. If you have the time and energy to sell on
the street, you should feel an obligation to help us defend these
rights.

Over
the past decade ARTIST has successfully stopped every effort by
elected officials to create new vending restrictions on street
artists. NYC officials have never voluntarily "given"
anything to street artists. Everything they try to do is about taking
our rights away. When there is unjustified police enforcement we also
engage in spontaneous immediate protests. Please have a sign saying
STOP HARASSING THE ARTISTS or something similar at your stand so that
you will be prepared to help your fellow street artists if needed.

15.
What should I do if a reporter or City official wants to interview me
about vending?

Talk
to them, but be very careful about what you say. Most NYC newspapers
and TV stations are politically aligned with powerful landlord and
business protection groups that have been trying to eliminate vending
for decades. Reporters will frequently try to get you to say
something negative about other vendors or to support the need for new
vending restrictions. City officials routinely engage in this same
technique during private meetings with vendors and in hearings about
vending before the City Council. These City officials get huge
campaign contributions from the landlord groups that are the most
committed opponents of vending. They are not interested in your
ideas on improving vending but only on getting you to testify against
other vendors. They will also try to get you to say how much you make
on the street and then use that as justification for supporting a
vending license, new taxes on vendors or other new restrictions. If
you choose to talk publicly about vending, don't let yourself be
exploited by the media or by elected officials in this way. When
interviewed or when testifying before the City Council most vendors
say all the wrong things, giving our critics exactly what they are
looking for in the way of damaging statements about the vending
scene. Please refer all reporters and inquiries from elected
officials to the ARTIST website and give them my phone number so they
can get the full picture on art vending. Also, let them know you are
a member of ARTIST.

In
the archive of our website you can find more than 1,000 articles on
the politics behind vending, including most mainstream news articles
on it from the past ten years. You'll also find links for maps of
NYC, the weather, copyright info, search engines, legal archives and
a great deal of other information that will be of great value and
interest.

There
are daily challenges and obstacles to be overcome for all vendors in
NYC. Drastic new vending laws are right now being proposed by real
estate interests, City officials and even by some misguided vendors
who, for financial and territorial reasons, want to restrict other
vendors from the street. If you want to have a good experience on the
street there’s a lot more you need to know than just the basic
vending laws. Our ARTIST newsletter is where you will get all this
updated information as needed.

16.
How do I subscribe to the ARTIST newsletter?

If
you want to know what's going on with police enforcement and help
defend the irreplaceable rights the members of ARTIST have already
won, subscribe to our free email newsletter by sending a blank email
to:

NYCStreetArtists-subscribe@yahoogroups.com

You
will get an email from Yahoo. Respond to that and you are subscribed.

No
other artists in the U.S. have the rights we've won here. Let's hold
on to them.

ARTIST
POWER!

Robert
Lederman, President of A.R.T.I.S.T.

201 777-0391

artistpres@gmail.com

TO SUBSCRIBE TO THE ARTIST LIST send an email with the word "subscribe" to:
ARTIST+subscribe@groups.io
Then, please add this email address to your safe sender list in your email client’s contacts
so that the emails do not go to spam:
ARTIST@groups.io

For
videos go to:

http://www.youtube.com/profile?user=artistpres

ARTIST POWER!