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From the transcript of the Federal Court hearing on 7/9/2010 before Judge Sullivan:

THE COURT: But the marketplace --

23 MR. BROOKS: I'm sorry.

24 THE COURT: But the marketplace of ideas -- in other

25 words, if there is giving away art or just displaying art and

SOUTHERN DISTRICT REPORTERS, P.C.

(212) 805-0300

60

0789LEDC

1 not selling it, this would be a different issue, right?

2 MR. BROOKS: Oh, I think not. That's an interesting

3 point, your Honor.

4 Suppose this regulation said that we are going to

5 limit the number of spots that fine artists or visual artists

6 can use to create their art in the parks. Suppose that George

7 Seurat was told: You can't come to the park and paint your

8 pointillism.

9 THE COURT: It doesn't say that. It restricts the

10 ability of artists who sell art at particular locations at

11 particular times.

12 But if an artist, in pursuit of the marketplace of

13 ideas, wanted to just display art, they wouldn't be affected by

14 this regulation.

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The Revised Park rules as published

FRIDAY, JUNE 18, 2010 in THE CITY RECORD

1-05(b) Unlawful Vending.(1) No person in or on any property under the

jurisdiction of the Department [park, or street adjacent to orabutting a park (including all public sidewalks of suchabutting streets)] shall sell, offer for sale, hire, lease or let

anything whatsoever, or provide or offe r to provide servicesor items in exchange for a donation (hereinafter vend),except under and within the terms of a permit, or except asotherwise provided by law. For the purposes of this entiresection, persons who vend as defined herein may be refe rredto as vendor or vendors.(2) Persons may vend expressive matter, as defined insection 1-02 of this title, on property under jurisdiction of theDepartment without a permit, but must comply with allapplicable provisions of these rules. However, in the specificlocations enumerated in paragr aph (3) expressive mattervendors may only vend expressive matter at the specificallydesignated spots identified by the Commissioner in the

accompanying maps and as marked by a Department decal,AGENCY RULESmedallion, or other form of marking, on the specific location

of the approved vending spot, unless they are only vendingexpressive matter without using a cart, display stand orother device and without occupying a specific location forlonger than necessary to conduct a transac tion and ar eotherwise in compliance with Department rules.