STREET ARTISTS HAVE THE CONSTITUTION ON THEIR SIDE.

New York City has a policy of requiring that artists who sell their art on the street must have vending licenses. The city also limited the number of such licenses thereby prohibiting many artists from street sales, especially when one considers the number of other street vendors who need such licenses to work the New York streets. Any unlicensed artists could be arrested and their works cofiscated, auctioned off or destroyed.

The artists fought back and, in June of 1997, the U.S. Supreme Court affirmed a U.S. District Court decision that the selling of visual art on the street is a constitutional right protected by the First Amendment.

THIS WEBSITE CANNOT BE USED AS A SUBSTITUTE FOR SOUND LEGAL ADVICE FROM A COMPETENT ARTS OR ENTERTAINMENT ATTORNEY. In the event of a legal problem or question, specific legal consultation is advised. This website is intended only as a means of educating arts organizations and artists of all disciplines as to their potential legal rights and liabilities. The information provided is made available with the understanding that neither OSLA nor the office of David M. Spatt is engaging in the rendering of legal counsel.