Can you say double standard? Holiday markets , full of tents and generators, spring up during the holiday season in public spaces and parks all over the city.
Judge Michael Stallman in ruling against the OWS protesters by upholding their eviction from Zucotti Park, specifically cited gas generators as 'unsafe' and condemned the erection of tents as unpermissible 'structures'. The ruling states
To the extent that City law prohibits the erection of structures, the use of gas or other combustible materials, and the accumulation of garbage and human waste
in public places,enforcement ofthe law and the owner's rules appears reasonable
to permit the owner to maintain its space in a hygienic, safe, and lawful condition, and to prevent itfrom being liable by the City or others for violations of law, or...
It also permits public access by those who live and work in the area who are the intended beneficiaries of this zoning bonus.The movants have not demonstrated that they have a First Amendment right to remain in Zuccotti Park, along with their tents, structures, generators, and other installations to the exclusion of the owner's reasonable rights and duties to maintain Zuccotti Park, or to the rights to public access
of others who might wish to use the space safely. Neither have the applicants shown a
right to a temporary restraining order that would restrict the City's enforcement of aw
so as to promote public health and safety.
Yet, Union Square, Bryant Park and Columbus Circle, among others, are preparing just such structures in their premises for the holiday season, at this very moment.
Holiday Market in Union Square will open November 18th, with Bryant Park and Columbus Circle following closely behind, in time for the holiday shopping season.
Here's an aerial view of last year's red and white striped vendor 'tent structures' in the SW corner of Union Square. (Looks like it could be a bit difficult for an EMS worker to get in between those narrow aisles).
And here's a map of all the booths which shows very clearly how they restrict access and navigation of the space to shoppers. The lanes of tents are quite close together and you can't comfortably walk through them, instead you must circumnavigate. As a resident of the area, my 'right to use this space lawfully and safely' has annually been restricted by these vendors.
Urban Space Columbus Circle provides a description of the structures on their website. The tents come completely equipped with electricity, and are powered by generators. They do refer to them as 'booths', which actually have a more 'stucture-y' sound to them than tents (which are no longer permitted in Zuccotti Park as they are structures).
Each booth is an independent covered structure measuring
approximately 9 feet 10 inches wide by 5 feet 10 inches
deep by 7 feet 3 inches high (most double booths are twice
the width and half booths, half the width). The booths are
water-resistant with front flaps that can be closed in the
evenings. The backs and sides of the booths have wood
walls for wind protection and security. The booth fronts
have an overhang to create a dryer and more comfortable
environment for shoppers. Each booth will be equipped
with a raised wooden floor, turf carpeting, sign with your
company name and electrical outlet strip. You will be
responsible for all decorations, furniture, lighting, and fixtures
inside the booth, and these are subject to Urban Space
management approval.
Here is a Photostream of 100's of vendors in Union Square Holiday Market.
As justification for the eviction Mayor Bloomberg also listed his concerns with public safety and health hazards created by the encampment at Zuccotti Park:
“The law that created Zuccotti Park required that it be open for the public to enjoy for passive recreation 24 hours a day. Ever since the occupation began, that law has not been complied with, as the park has been taken over by protestors, making it unavailable to anyone else.
“From the beginning, I have said that the City had two principal goals: guaranteeing public health and safety, and guaranteeing the protestors’ First Amendment rights.
“But when those two goals clash, the health and safety of the public and our first responders must be the priority.
“That is why, several weeks ago the City acted to remove generators and fuel that posed a fire hazard from the park.
“I have become increasingly concerned – as had the park’s owner, Brookfield Properties – that the occupation was coming to pose a health and fire safety hazard to the protestors and to the surrounding community. We have been in constant contact with Brookfield and yesterday they requested that the City assist it in enforcing the no sleeping and camping rules [written after the fact] in the park.
“The park had become covered in tents and tarps, making it next to impossible to safely navigate for the public, and for first responders who are responsible for guaranteeing public safety. ..., and the proliferation of tents and other obstructions has created an increasing fire hazard that had to be addressed.
Artist Robert Lederman has had disagreements with the city on the subject of selling art and art vendors and issued this statement:
Mayor Bloomberg claims that tents are not allowed in NYC parks. Ask him to explain the giant tents being set up right now in Union Sq Park and in Central Park at Columbus Circle for the corporate run Holiday vending Markets. These tents are set up for more than a month straight, 24 hours a day. They completely displace pedestrians, residents and park visitors for a fee of millions of dollars.
Mayor Bloomberg says generators are not allowed in NYC parks, yet the Holiday Markets operate huge generators as do most of the Greenmarket vending stands in Union Sq Park. There is even a weekly Greenmarket set up right outside the Mayor’s office with huge tents and generators.
Commercial vendors taking up valuable park space every year for over a month was one of those things that briefly crossed my mind as wrong when I first encountered it, but then forgot along with so much other unfairness.
The vendors have not "demonstrated that they have a First Amendment right to remain in" the parks, "along with their tents, structures, generators, and other installations to the exclusion of the rights to public access of others who might wish to use the space safely".
So, it's acceptable for tents, generators and other structures to take up public space in the city's parks, preventing them from being navigated and used by anyone else and creating a fire and safety hazard with the presence of fuel and generators, as long as they are 'occupied' by vendors who have no doubt paid the city millions in fees for the privilege. If these are the justifications to remove OWS from Zuccotti Park, then the vendors have no right to be there either, because no amount of money paid to the city makes them any safer or more navigable or the park more accessible. Of course, they would not be evicted, but letting them stay provides justification for letting OWS stay.