Park Artists Take Case to the U.S. Supreme Court

The United States Supreme Court. 

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Following on the heels of an appeals court loss in September, the artist-plaintiffs suing the City of New York over rules regulating art vendors in city parks are petitioning the United States Supreme Court to hear the their appeal. Robert Lederman, the lead plaintiff in the case and president of the street art vendors’ organization A.R.T.I.S.T., released a statement vowing “We intend to appeal the ruling to the U.S. Supreme Court at the earliest possible date, and feel confident that the many errors in both the appeals court ruling and the lower court ruling will be overturned.”

As they move to  petition the Supreme Court, it appears that Lederman and his attorney Julie Milner may be approaching this latest appeal from a new direction based on the court’s ruling that New York City Mayor Michael Bloomberg and Deputy Mayor Edward Skylar could avoid being deposed in the case. According to Lederman, the decision makes it “virtually impossible to obtain a deposition from any government official.” In addition, Lederman has stated that “If allowed to stand, this ruling would protect police officials, mayors, agency commissioners, governors, senators or even the US President from ever having to face a sworn deposition. Even the lowest level government officials would be able to cite this ruling in order to avoid giving a sworn deposition.”

Federal Court Upholds City Rule Regulating Art Vendors in Parks
Victoria Bekiempis, DNAinfo New York, September 26, 2013

Appeal Is a Washout for NYC Street Art Activist
Adam Klasfeld, Courthouse News Service, Wednesday, September 25, 2013

In artist case, Court Limits Right to Depose Government Officials
Robert Lederman, President of ARTIST, Friday, September 27, 2013

Appeals Court Decision
Judges Cabranes, Hall and Chin, United States Court of Appeals for the Second Circuit, Wednesday, September 25, 2013