Hearing on Injunction Against New Park Rules Ends; Justice Tingling to Rule Soon

Artists' lawyer Jon Schuyler Brooks questioning artist Gao Min in court on Monday, September 20, 2010. Sketch: P. Walsh

Two more days of artists’ testimony were heard in New York State Supreme Court Justice Milton A. Tingling, Jr.’s courtroom at 60 Centre Street in Manhattan this week, completing the hearing on a possible Preliminary Injunction against the New York City Parks Department’s new rules restricting artists’ ability to show and sell art in four city parks. Justice Tingling continued the standing Temporary Restraining Order pending his decision and indicated that he will rule on the injunction by next week.

On Monday, September 20, 2010 artists Diane Dua and Gao Min testified. Dua, a plaintiff in the case who has traditionally worked near the Metropolitan Museum of Art in Central Park, showed photographs and stated that she was unable to compete for the reduced number of spaces that the new rules had created. Lines for those spots begin forming in the middle of the night and married couples who work as a team have a distinct advantage. Sheryl Neufeld, an attorney for the New York City Law Department’s Administrative Law Division, asked why Dua didn’t simply move to another location. Dua explained that her loaded pushcart of photographs weighed hundreds of pounds and that it was difficult for her, as a petite woman, to move that cart from location to location, not knowing in advance where a space might be.

Artist Gao Min, speaking with the aid of a Mandarin translator, confirmed that he had shot a series of dramatic videos of the scramble to reserve spaces on Wien Walk. Those video clips were shown to Justice Tingling and the courtroom. Click here to see some of that video. This was the second piece of video evidence depicting about the situation at Wien Walk. Click here to see the first video.

On Wednesday, September 22, 2010, artists Bayo Iribhogbe, Tenzin Wangdu, Miriam West and George Moran also testified for the plaintiffs.

At the end of testimony on Wednesday, Justice Tingling continued the standing Temporary Restraining Order pending his decision and indicated that he will rule on the injunction by next week.