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-Caveat Lector-

Vendor bill passes NY State legislature (see three news articles below)

Yesterday I sent you the text of this awful bill. It's in the archive of our
website in case you deleted it. Among the blatant issues of unfairness,
illegality and unconstitutionality of this law, it gives preferential
treatment to 60 disabled vets while denying all other disabled vets
including those coming home from Iraq the same rights. It actually calls it
an exclusive right to vend, reserved to this handful. It sets up a governing
body over all disabled veterans that only 60 disabled vets who had licenses
before 1998 are even allowed to vote in. It bans vets and all First
Amendment-protected vendors from an area more than four blocks from ground
zero, yet still allows newspaper vendors and food vendors to sell there. It
restricts these 60 "privileged" vets from ALL avenues in Midtown, limiting
them to just one per block on the side streets. It also bans them and street
artists from one strip of 42nd street between 7th and 8th avenues, the
headquarters of Giuliani Partners. Gee, do you think there's a connection?
If allowed to stand this law sets up an entirely new rational for banning
vendors. That rational is that someone might be "offended" by their very
presence. Be assured, we are going to seek an injunction to stop it. If we
don't get an injunction and it is enforced, we will do civil disobedience
against it around ground zero so as to immediately put it into the Criminal
Court system. The enemy had its way, now we get to challenge them. On the
positive side, the letters, faxes and calls you all made to elected
officials had a very significant effect, causing them to delete numerous
sections of the law they were trying to pass which were aimed at street
artists. In that sense it was a victory for artists. This law does not
attempt to place any limit on the numbers of First Amendment vendors, it
creates no permit for us and there is no fingerprinting provision. We retain
the right specifically noted in this law to vend anywhere that is restricted
to all other vendors, even around ground zero, so long as we do not use a
display. We come out with far more rights than the vets do as a result of
this law. That's because we worked to defeat this bill, refused any
compromise and stuck to our principles 100%, those being the full freedom of
speech guaranteed to us by the Constitution and the rulings in our lawsuits.
However, don't celebrate just yet. Next the City will try to pass Intro #48,
a permit for artists in Parks, then they will try to apply that on all NYC
streets. The WAR ON VENDORS never ceases. ARTIST POWER -RL]


NY Post
POLS OK BILL TO SHOO VENDORS

By KENNETH LOVETT
----------------------------------------------------------------------------
----

March 2, 2004 -- ALBANY - The state Legislature yesterday finally passed a
new city peddler bill that officials say should clear the congestion that
has clogged city sidewalks over the past year.
The measure is expected to receive quick approval from Gov. Pataki.

"This legislation will help to protect pedestrians and tourists walking
along congested city sidewalks while preserving the opportunity for disabled
veterans to sell their goods," said Senate Majority Leader Joseph Bruno.

The city vending law expired last March, causing a flood of peddlers not
only in the usual Midtown spots but also on previously off-limits areas like
Fifth Avenue.

The new law will reinstate restrictions on veteran vendors in Midtown.

In lower Manhattan, peddling will be outlawed around Ground Zero.

Food vendors will be permitted only on Broadway between Murray Street and
Battery Place and on Park Row between Ann and Spruce streets.

The legislation also creates a new no-peddling zone on 42nd Street between
Seventh and Eighth avenues.

It seeks to clear crosswalks and subway entrances by prohibiting peddlers
from setting up within five feet of street corners.

NEWSDAY
Legislature passes new New York City street vending law

     By MARK JOHNSON
Associated Press Writer

March 1, 2004, 5:10 PM EST

ALBANY, N.Y. -- A year after allowing restrictions to lapse, the state
Legislature on Monday approved a permanent bill to reimpose limits on where
street vendors can hawk their wares in Manhattan.

City officials complained that vendors, free of previous restrictions, were
crowding the most heavily traveled New York City sidewalks and at times
forcing pedestrians to step off the curb and onto busy streets.

"This agreement very much provides a delicate but needed balance for the
city to have control of city streets with an ongoing commitment to disabled
veteran vendors," said Assemblyman Steven Sanders, a Manhattan Democrat who
sponsored the legislation. "This keeps our historic commitment to give
disabled veterans exclusive rights to vend where no one else can."

The legislation, which is expected to be signed by Gov. George Pataki,
expands the regulated areas to include a stretch of 42nd Street and the area
surrounding the World Trade Center site and bans vending within five feet of
a street corner.

The law also increases the number of vending licenses given to disabled
veterans, a group that has been given special licensing consideration for
more than a century. The original state law was passed 110 years ago to help
Civil War veterans by exempting them from city statutes limiting street-side
peddling.

Other vendors, dubbed "First Amendment" vendors because they sell
constitutionally protected art and printed material, are legally allowed to
set up anywhere sidewalk vending is permitted.

When the 1991 state law lapsed 11 months ago, restrictions on the number of
disabled veterans allowed to move into certain banned spots were lifted.
Wherever disabled veterans moved, "First Amendment" vendors could follow.

The expired law had restricted vendors to side streets, away from the
busiest pedestrian arteries. When it came up for renewal, lawmakers failed
to negotiate a compromise between different versions introduced in the
Assembly and Senate and the law died.

Senate Majority Leader Joseph Bruno had sought to require the fingerprinting
of vendors, but later agreed to drop the proposal to reach a deal.

"We didn't get everything we wanted, but it's something that works for
everybody," said Tim Tompkins, president of the Times Square Business
Improvement District, a group that lobbied to get new rules in place. "It's
a great step forward."

There are 2,531 general vendors licensed to operate on city streets,
according to the city Department of Consumer Affairs. Of those, 374 are
disabled veterans and 1,304 are non-disabled veterans. The remaining 853 are
non-veterans. Veteran vendors do not have to pay a license fee.

The number of vendors selling items protected by the First Amendment is
unknown since the city does not require them to be licensed.

"Now the city has to step forward and work on fixing a number of other
elements of the regulatory system," Tompkins said. "There are whole swaths
of categories not regulated at all. It's damaging to our small businesses
because of safety and congestion issues."

Tompkins said a Times Square sanitation worker last year was clipped by a
taxi cab as he tried to negotiate his way around vendor tables. A count at a
Times Square intersection in December found about 5,000 people had to walk
in the street to get around nearby peddlers, he said.

"We totally understand vending is a part of New York and something a fair
number of tourists like about Times Square," Tompkins said. "This isn't a
matter of no vending. It's about having a sensible regulatory system."

New York City Mayor Michael Bloomberg last week said he supported the new
legislation.

Copyright � 2004, The Associated Press

DAILY NEWS 3/1/04
OK curbs
on vendors

ALBANY - Legislators voted yesterday to limit the number of vendors who can
hawk their wares on crowded Manhattan sidewalks, and to ban street sales
near Ground Zero.
The bill, approved in the Assembly and Senate, also boosts the number of
vending licenses reserved for disabled veterans.

"This measure gives to the city the authority it needs to regulate street
activity, so that visitors and pedestrians may travel our city safely," said
Assemblyman Steven Sanders (D-Manhattan).

The bill, which Gov. Pataki is expected to sign, would lift the number of
licenses for disabled veterans selling goods in midtown Manhattan to 105,
from 60.

Joe Mahoney
----------------
9/11 families: "Bush exploiting ground zero"
[NOTE: yesterday afternoon the NY State legislature voted in favor of the
disabled veteran vendor bill banning disabled vets, artists and written
matter vendors from an area more than four blocks from ground zero on the
absurd notion that vending by disabled US combat veterans might "offend" the
families who lost relatives on 9/11. As I've written numerous times in
reference to this bill, this was done at the same time Bush, Giuliani and
the GOP made it public they intend to exploit ground zero to the max in the
election. -RL]
SEE:
http://www.salon.com/news/feature/2004/03/02/ground_zero/

Bush plays politics with 9/11
Republican speculation that Bush may use ground zero as a convention
backdrop has some 9/11 victims' families appalled.
-------------------

Robert Lederman, President of A.R.T.I.S.T.
(Artists' Response To Illegal State Tactics)
[EMAIL PROTECTED]  (201) 896-1686

Street artist information
http://groups.yahoo.com/group/NYCStreetArtists/
http://www.openair.org/alerts/artist/nyc.html





www.ctrl.org
DECLARATION & DISCLAIMER
==========
CTRL is a discussion & informational exchange list. Proselytizing propagandic
screeds are unwelcomed. Substance—not soap-boxing—please!   These are
sordid matters and 'conspiracy theory'—with its many half-truths, mis-
directions and outright frauds—is used politically by different groups with
major and minor effects spread throughout the spectrum of time and thought.
That being said, CTRLgives no endorsement to the validity of posts, and
always suggests to readers; be wary of what you read. CTRL gives no
credence to Holocaust denial and nazi's need not apply.

Let us please be civil and as always, Caveat Lector.
========================================================================
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