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Party Is On! Graffiti Ban Overruled
Good [+1]Toggle ReplyLink» Mico replied on Tue Aug 23, 2005 @ 5:55pm
mico
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BY HELEN PETERSON
DAILY NEWS STAFF WRITER

A federal judge reinstated a permit for a graffiti block party that the city had yanked last week, calling the revocation yesterday a "flagrant violation" of the First Amendment.
Mayor Bloomberg pulled the permit for the day-long street festival in Chelsea after learning it would feature 20 graffiti writers spray-painting mock subway panels.

Fashion designer Marc Ecko, who planned the event, sued to get the permit back, persuading Manhattan Federal Judge Jed Rakoff not to be swayed by the city's argument that the event might encourage vandalism.

"It will raise to the consciousness once again, in a celebratory way, graffiti vandalism on subway cars," city lawyer Paula Van Meter said.

The judge rejected that argument, noting: "By the same token, presumably, a street performance of Hamlet would be tantamount to encouraging revenge murder. ... The denial of the permit on the stated grounds that the demonstration will 'incite' others to actually paint graffiti on subway cars is a flagrant violation of the First Amendment and cannot stand."

Outside the courthouse, Ecko said the judge was a "really cool guy," adding, "It's kind of nice to remind yourself what the First Amendment is all about."

The street festival is set for tomorrow from noon to dusk on W. 22nd St., between 10th and 11th Aves.

"This was nothing more than heavy-handed censorship," said Ecko's lawyer, Daniel Perez.

City lawyers said they are considering whether to appeal.

"We are disappointed in the judge's ruling. We believe that the city's denial of a permit to an exhibit which glorifies criminal activity was proper, and should have been upheld," said spokeswoman Kate Ahlers.

Originally published on August 23, 2005

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PWN3D!!!!
Party Is On! Graffiti Ban Overruled
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