By Teresa Roca
Street art vendor Marty Allen wakes up at 4 a.m. every morning to commute to work. As he boards the Manhattan-bound G train from Classon Avenue in Brooklyn, he pushes a cart filled with framed photographs and whiteout drawings of real life sock puppets, each with their own personality and identity.
As Marty watches the city of New York wake up, he reaches Union Square at 5 a.m. and joins a community of street artists, each vying to secure one of 18 selling spots. Once settled, Marty watches for hours as people walk to and from his quirky stand, hoping he sells as many pieces of art as he used to before laws to limit street artists in Union Square began.
“In the past, we used to be able to set up all throughout the park,” said the street art vendor of six years. “Then these new laws were enforced. It is a lot harder to make a living doing this because of the rules.”
It is two years later, and as street artists find themselves struggling financially because of the new laws to restrict the number of street art vendors in Union Square to 18, some artists continue to fight for their First Amendment rights.
For over 170 years, New York City residents and tourists from across the world have walked through the crowded streets of Union Square Park, taking in the vivacious and stimulating atmosphere that was once home to political protests and festive celebrations.
Street art vendors have helped create this chaotic and avant-garde environment by adding color to Union Square with innovate paintings, photography and other works of art.
This highly cherished environment became threatened in 2010 when the Parks Department proposed these new laws. Despite protests by over 90 street artists, the rules came into effect in July 2010.
“The city is really shutting down the artists here,” said street art vendor of abstract, architecture, nude and fashion photographs Victor Spinelli. “A couple of years ago we had a lot of energy here. People came to Union Square for that energy and to buy art. Now they are really putting the nail in the coffin. We are still fighting them in court and are trying to bring that energy back.”
According to nycgovparks.org, these laws were implemented to make way for corporate vendors and commercial interests. They are also a long-overdue effort to clear the congested pathways and sidewalks.
“We organize ourselves pretty well,” said Spinelli. “We always went in the line down here and we weren’t making obstruction like the Farmers Market with their big two ton trucks over there.”
According to nycgovparks.org, the designated spots for Union Square art vendors are on the west side and east side of the park from 14th Street to 15th Street. These spots are on the outer perimeter of sidewalks and are based on a first-come-first-serve basis.
On Tuesdays, Thursdays and Sundays an additional 40 vendors are allowed to sell in Union Square, days when the Farmers Market isn’t running. This doesn’t make matters any better for street art vendors who are forced to set up against the crowded curb.
A ceramic photo tile mural by street art vendor Joel Kaye.
“It is strange because the spots they are giving us we would never be in,” said art vendor Joel Kaye who has been selling ceramic photo tiles of popular New York City landmarks for seven years. “They basically made these spots because they don’t want us here at all. They put us on top of each other, they turn the sprinklers on and get us all wet—it’s crazy.”
Union Square is not the only park facing these laws. According to nycgovparks.org, five vendors are allowed to sell on the High Line, nine in Battery Park and 49 in high-traffic areas of Central Park, cutting more than 75 percent of New York City’s street artists.
Many street art vendors have tried turning to galleries to display and sell their work, but because artists are obligated to have a large following, many are turned away. With gallery competition and the economy still unable to completely overcome the recession, the financial effects of the laws continue to endanger the livelihood of full-time street artists.
“This is my full-time job right now but because of the rules of the park my income has dropped significantly. It was much more consistent,” said Allen. “I am sure the economy has something to do with it, but not nearly as much as the fact that we have to set up in an area that is much less accessible to foot traffic.”
According to Allen, street art vendors are allowed to sell in parks because of their First Amendment right to freedom of speech. However, it is difficult to use that as a defense since they are making a profit and are lumped in with art vendors who do not create their own art.
“I talk to other artists and there are a lot of ideas on how to fight this, but there is an extent to which they are drumming the fight out of us,” said Allen. “It is a complicated set of issues and it has been a long road. There were cooler artists a year or two ago but people got drummed out because of the laws.”
With some artists unable to sell because of the first-come-first-serve basis, many have turned to other alternatives.
“I used to sell art on the street but because I am from Staten Island it was hard for me to travel out so early everyday,” said owner of Stay Great Apparel Rocco Miraglia who creates cartoon drawings that are screen-printed onto shirts, sweaters, shoes and hats. “I turned to the Internet and I accomplished way more than I ever thought I would. It is such a great outlet for free promotion and now my work is known all over the world.”
As some street artists have given up or turned to other outlets, many refuse to let their beloved passion go, as they continue to fight by taking the city to court for not only them, but also for the future of street art.
“When you sell on the street and get complimented on your artwork it really motivates you and gives you the confidence to want to go further,” said Kaye. “It is so great but it is being taken away by the city of New York. So even if I am not going to sell anymore, I will continue to fight for other artists that have the right to come out here, sell and show their art. I know that it will give them the opportunity to do something they love.”
View Interactive Map of New York Street Artists.
