
The Gospels tell how Jesus fought for the sanctity of the temple by overthrowing the tables of merchants and moneychangers. Two thousand years later, people are using religious jewelry to circumvent legal limits on commercial activity in public space.
Case in point: Union Square in New York City. Over the past few years, the southern end has gradually become an arts and crafts market. And if you look more closely, you'll notice that a good portion of the vendors sell religious jewelry and other art, as well as items with political slogans.
This article from a local community paper explains how sellers are trying to use the First Amendment to get around vending restrictions. Below: an excerpt that illustrates the key issues.
Vending near the Two Susans by the Gandhi statue on a recent Wednesday afternoon, Miriam W. also hasn’t had it easy selling her miniartwork, which are made of her own paintings and photos, shrunken to fit inside metal miniframes. She declined to give her last name, noting, “They’re already after me.”
“They” are the Park Enforcement Patrol officers, one of whom gave her a $250 ticket for hawking her stamp-size art, feeling it was jewelry, which isn’t protected as expressive content under the First Amendment that can be sold on streets or in parks.
“I told him it was artwork. He said, ‘Artwork I don’t see — I only see pins,’ ” Miriam recalled. The Environmental Control Board judge who reviewed her ticket also saw things differently from her.
“The judge admitted it was artwork — but said because it has a loop on it, it’s jewelry,” Miriam said. But Miriam says the loop is so people can hang the miniart on the wall — or, yes, even wear it if they choose on a necklace or pinned to their shirt or blouse. “Even if this was jewelry, it has artwork in it,” Miriam explained. “I’m seeing it as my artwork first, jewelry second, and the judge is seeing it as jewelry first and artwork second.”
She’s contesting the ticket in court. Meanwhile, hoping to get the PEP’s off her back, she’s added framed, normal-size prints of her own photos and art to her table and also miniartworks of a political nature — with anti-Bush and antiwar logos, for example — and with religious content, such as a portrait of Ganesha, the Hindu elephant-headed god, and Judeo-Christian symbols, that she hopes will more clearly be recognized as First Amendment protected.