1st Amendment Vending, NYC

1. The Basics

Why are artists allowed to sell without a license?

Before 1997 NYC street artists were required to have a vending license, of which none were available. From 1993 until 1996 thousands of NYC artists were arrested and had their art confiscated by the police. In 1993 an advocacy group was formed named, ARTIST (Artists' Response To Illegal State Tactics). Since 1996 when ARTIST won its first two consolidated lawsuits [Bery/Lederman et al v City of NY] NYC street artists are exempted from any vending license and are subject to only those restrictions that apply to First Amendment-protected written matter vendors. [In this narrow legal context, a 'street artist' is anyone selling art. 'Art' is loosely characterized by NYC vending law as paintings, prints, photographs, sculptures, videos, DVDs, and CDs - but at times may also include other items with expressive content. Being handmade is not what makes an item protected]. Since 2001 when ARTIST won its second consolidated lawsuit [Lederman et al v Giuliani / Bach et al v City of NY] street artists are also exempted from any Parks permit.

Those selling art on public property in NYC now have the exact same Constitutional protections as someone selling a book or a newspaper. Nevertheless, we are still legally considered vendors and are subject to a few specific time, place and manner restrictions. These NYC vending restrictions only apply if we are using a vending stand, meaning a table, an easel, a rack etc. If we are holding art in our hands and selling it; if we are only displaying it on a stand and not selling it; or, if we are only creating art there are no restrictions on time, distance from a door or where we can sell. The list of streets that are restricted to artists only applies if you are using a vending stand and selling art.

Art vending stands must be located at least 20 feet from a door (10 feet from the door of an exclusively residential building), 10 feet from a corner and must not touch a fire hydrant or other item of street furniture such as a parking meter, sign, lightpole or telephone booth. The size limit is 5 feet in height, 8 feet in length and 3 feet in width. The sidewalk must be at least 12 feet wide. You cannot legally place art against a wall, on a store window or on a fence unless you have written permission from the property owner. You cannot legally lay art on the floor or display it on your car. While you can legally sell another person's art, one person cannot sell from more than one stand unless the total size of the combined stands is 8 feet or less. Individuals selling from two or three full-sized stands or from a grossly oversized stand are violating the law and unfairly denying other artists and vendors space on the street. The City requires all vendors to have a sales tax ID and carry it with them while vending.

Other types of vendors (disabled veterans, food vendors, general merchandise licensed vendors) have very different rules and street restrictions.

Are vending spots reserved?

Many street artists and vendors mistakenly believe that a vending spot belongs exclusively to them once they have set up there over time. This belief has no legal basis whatsoever. It also directly contradicts the laws about free speech on public property. A vending spot on public property is not a bank account. You don't earn interest by staying in it over time. however, we advise new street artists to proceed cautiously in selecting a vending spot. Be sensitive to the fact that those who routinely set up in an area have established a pecking order. Going out of your way to take a spot from someone who believes they own it causes conflict and resentment. While most street artists cling to a few areas such as SoHo and the Met almost every street in NYC and every single NYC Park is open to vending by artists, so there is more than enough space for us all.

What are the vending laws in NYC Parks?

The NYC Parks Department has slightly different vending laws than apply on the street. If you read the actual text of the Park laws it still says no one can vend without a Parks permit. This is true for all vendors EXCEPT artists, due to the rulings in the ARTIST lawsuits. Vending stands in Parks are limited to 8 feet in length and may not block a pathway, block or touch a bench. Please use common sense in interpreting what blocking a pedestrian pathway or bench means. Nothing may be attached to trees or other Parks property. Both on the street and in Parks artists should try to cause as little inconvenience as possible to pedestrians.