NYC Mayor Won't Stop Fighting Graffiti, Despite Ecko Injunction
New York City Mayor Mike Bloomberg has continued to be vocal about his opposition to graffiti, despite the lawsuit recently brought against him and City Councilman Peter Vallone by seven young artists who claim provisions passed by the lawmakers violate their First Amendment rights.
On Monday (May 1), Manhattan Federal Judge George Daniels granted the plaintiffs request for a preliminary injunction against the recent amendments to anti-graffiti legislation that went into effect on January 1, 2006. Thanks to the ruling, the new amendments prohibiting 18 to 20-year-olds from buying or possessing spray paint or broad tipped markers can no longer be enforced pending a permanent ruling on the lawsuit.
The lawsuit, Vincenty v. Bloomberg, which was filed on April 25 by seven young New Yorkers, has received tremendous support from designer and entrepreneur Marc Ecko. Attorney Daniel Perez is representing the artists; his law firm Kuby & Perez LLP also represents Ecko's company, Ecko Unltd.
"First Amendment rights are First Amendment rights," Mayor Bloomberg told the NY Daily News. "But you do not have the right to walk up and deface a subway car ... and the same thing is true of private property."
The NY Daily News has reported that Bloomberg had previously wondered about the law's constitutionality, but has determined that no matter what the result of the litigation the city has no plans to cease fighting graffiti.
City Councilman Vallone, who sponsored the bill in question, told the NY Daily News that if the city loses the case, "I will draft a new law."
Perez previously waged a successful battle against the City alongside Marc Ecko last August, when Mayor Bloomberg and Councilman Vallone attempted to block Marc Ecko from holding a free graffiti exhibition by revoking a street permit for the event. Federal Judge Jed Rakoff granted a preliminary injunction in that case as well, ordering the City to reinstate the permit.
On Monday (May 1), Manhattan Federal Judge George Daniels granted the plaintiffs request for a preliminary injunction against the recent amendments to anti-graffiti legislation that went into effect on January 1, 2006. Thanks to the ruling, the new amendments prohibiting 18 to 20-year-olds from buying or possessing spray paint or broad tipped markers can no longer be enforced pending a permanent ruling on the lawsuit.
The lawsuit, Vincenty v. Bloomberg, which was filed on April 25 by seven young New Yorkers, has received tremendous support from designer and entrepreneur Marc Ecko. Attorney Daniel Perez is representing the artists; his law firm Kuby & Perez LLP also represents Ecko's company, Ecko Unltd.
"First Amendment rights are First Amendment rights," Mayor Bloomberg told the NY Daily News. "But you do not have the right to walk up and deface a subway car ... and the same thing is true of private property."
The NY Daily News has reported that Bloomberg had previously wondered about the law's constitutionality, but has determined that no matter what the result of the litigation the city has no plans to cease fighting graffiti.
City Councilman Vallone, who sponsored the bill in question, told the NY Daily News that if the city loses the case, "I will draft a new law."
Perez previously waged a successful battle against the City alongside Marc Ecko last August, when Mayor Bloomberg and Councilman Vallone attempted to block Marc Ecko from holding a free graffiti exhibition by revoking a street permit for the event. Federal Judge Jed Rakoff granted a preliminary injunction in that case as well, ordering the City to reinstate the permit.
<< Home