Arrest and Confiscation of Illegal Pottery Vendors in New York City

In New York City a license is required to sell general merchandise such as pottery, jewelry, non-political t-shirts and other items that are not written matter or art, defined as painting, sculpture and photography. In this footage, a couple with no license set up a table of pottery to sell on West Broadway near Spring Street in Soho. A couple of plainclothes policeman came along and first inquired of the potter , "How much is this?" to establish the fact that she was selling. Then the officer inquired, "Do you have a license to vend?" The potter did not know that a license was required but ignorance of the law is no excuse. The police arrested her and her partner, put handcuffs on both of them, arms behind their back. The girl cried, "I'm not a criminal," but was ignored. The officers appropriated all their pottery, dumping it into a garbage bag. They will not get it back. This was very painful for the couple to lose their handiwork and painful to watch. A police van appeared and the handcuffed couple was led into the van.
It is not recommended that anyone who comes to New York tries to sell on the street without a license unless selling books, written matter and conventional forms of art such as painting, sculpture , photography, and political t-shirts. Even then, there are severe regulations about how and where you can sell. The stores and real estate owners complain against vendors and pressure the police to make these arrests and confiscations. 3/8/09

Category:

Nonprofits & Activism

Tags:

• Street
• Vendor
• New
• York
• Soho
• Manhattan
• Arrest
• police
• law
• enforcement
• plainclothes
• crime
• illegal
• pottery
• jewelry
• sales
• First
• Amendment
• art
• busker
• sidewalk
• display
• license
• crafts

[clairedelune49]

It must be remembered that it is expression (aka "speech") which the First Amendment protects, not merely "art." This is the flaw in the usual interpretation of the court decisions against jewelers, potters, designers, and creators in forms other than painting,photography and sculpture.

[clairedelune49]

Art in the Marketplace:Until crafts people make the effort to organize, lobby and to approach the issue in the courts - the situation faced by the potters in this video clip will continue. Everybody wants someone else to do it .We may all agree that an elegant raku fired vase is art . This could go to court and win according to standards set forth in Federal cases Mastrovincenzo vs. Bloomberg or Bery vs N.Y.C.

[beatniksfrommars]

Arrests would cease if crafts persons would petition, lobby and approach the courts to define their rights. The judge in the Bery decision was clear - CRAFTS AT TIMES MAY QUALIFY FOR FIRST AMENDMENT PROTECTION BUT IT MUST BE DECIDED BY A JUDGE. Crafts people need to get off their butts and do the work !!!!! Why should others suffer because they refuse not do so?

[clairedelune49]

I am a citizen of the United States. I and my expression are therefore protected by the First Amendment and I do not need to do anything else to "qualify."

[clairedelune49]

Why must New York manacle hands that intend no violence?

[clairedelune49]

The only other confiscations I find on YouTube are of firearms. I am wondering if pottery is dangerous and socially obnoxious as firearms. If not, then why is New York treating it as if it were?

[nasaltla]

I guess these people put the "pot" in "pottery." But seriously, it seems extreme to arrest these people as if they are hardened criminals.

[thenewend2012]

@clairedelune49 there is an air of dishonestly among elected officials once they secure the elections they seam to turn agains the people that elected them & use the police as goons to enforce there corrupted agenda & misinterpretation of the law '.

[geoff1945]

.....I would have prosecuted him for bad art but if that was allowed, I would have been kicked off Youtube long ago!

[geoff1945]

Reading your notes on this video, I would agree with you that it is important to check the local by-laws before attempting any alfresco activity within any town or city. In my city all street-vedors require a license and food suppliers require regular health department checks. Buskers are permitted to perform as long as there are no complaints. They are not allowed to sell c.d.s of their work,however.

I witnessed the prosecution of a pavement artist for using toxic paint on Vancouver Island....

[beatniksfrommars]

The above comment is from a man who dishonesty attacks artists who speak out on this issue. The truth is he invited illegal vendors and bootleggers into Soho to take spaces used by legal artists. He utilizes his "cult" standing to dupe honest artists into blindly following him to their great detriment. The fact that he used this forum to personally attack me illustrates the type of person he really is. Craft people organizing to gain their rights is very positive. I continue to encourage it.

[beatniksfrommars]

How is an officer to know if the person will attack or not? That is why this is a general proceedure in any arrest. Even Martha Stewat was hand cuffed. Hello ?

[beatniksfrommars]

The constitutional rights we enjoy came because many died to gain them and then many more died to protect them. In America our rights are protected under law. This is not true in much of the world and is why these rights are nearly non existent there. DEMOCRACY is our pathway to these rights and we must USE IT OR LOSE IT. "Rights" are not ours just because we just say so. Participation in the process is key. If you are a craft person - what are you waiting for?