New York State Senate killed my business.

NorbertBissinger · #1 03-05-2004, 11:49 AM

I was working almost every night in the Times Square area and in summer time in the city owned parks shooting Soccer, Baseball etc.

With this new law I am prevented from both, with the exeption I could buy a license to work in the parks which will cost most probably $10 to $20.000 a year.

The city plans to erect advertisement kiosks on the spots we were using.

The Park Department claims that the parks are for recreation and not for commercial enterprises.

web page

RandyArrowood · #2 03-05-2004, 12:47 PM

Dude, that is hard core. I feel for you. I have often thought about how long it would take for this kind of thing to happen. City parks in Cincinnati have required this for a long time. One time license for a few hundered but at least they let you in to the park after you pay. That sounds like you can't actually set up in the park even with the permit.

I handle it by not working in Cincinnati parks. If I had to go through that in all of Ohio I would have a bit of a problem. I feel for you.

NorbertBissinger · #3 03-05-2004, 04:49 PM

Thanks.

This will apply for all cities over one million in NY State, but it is up to the cities to adopt or not to adopt this law.

New York city was in the forefront lobying Congress. They did not get every thing they wanted because we woprked against it.

NorbertBissinger · #4 03-07-2004, 04:38 PM

Over the weekend Photographers and artists got arrested, booked, finger printed and the DA asked for up to $1.000 bail which the judge denied. The law has not been signed as of today by the Governor and even if he signs it it will only become law on the neintieth day after this signing, but the police does not care they say we do our job it is up to the judge to decide.

Law suits will be the aswer.

Kevin_Saitta · #5 03-07-2004, 04:55 PM

I do not understnad this. How can they infringe a tax per say on a public park that was paid for by our tax dollars?

Is this even legal what they are doing?

I always thouht that since it was a public place you coudl photograph regardless if it was commericial or not.

And did I read that right? 10K-20K a year?

NorbertBissinger · #6 03-07-2004, 10:21 PM

Yes you read it right.

The New York Parks and Recreation Dapartment gets big money from the hot dog vendors, from the carrusell, the balloon vendors and others.
We went to any public hearing in the Citi Council but the Parks Department lobbied with very high caliber lobbyists in the Senate and the N.Y state gave them free hand.

Is it legal? No it is not and we are going to Federal Court to seek an injuction but I can tell that only a few will take action. Like 4 years ago we won in Federal court against the city.
Most vendors just move to other places and or cities and come back if we win. Very annoying!

When we go to court we will also ask for an injuctive relief (restraining order).

If we loose that will expand to other cities. It can not happen. Big brother preventing us from our first amendment rights under the disguise of quality of life.

Jonathan_Wienke · #7 03-08-2004, 02:59 AM

Let me get this straight: enforcement has begun on a law that has not gone into effect? Unless what is being enforced is a city ordinance or something similar, enforcing a state law that the governor has yet to sign is highly illegal. If that is indeed the case, that would appear to be worthy of taking to the US Supreme court if necessary as well as multi-million dollar punitive damages. When the police can enforce laws that have not even been passed and signed into effect then we have no rights.