New York City has been temporarily blocked from imposing its new system to manage the number of artist vendors at Union Square Park, Battery Park, the High Line and outside the Metropolitan Museum of Art. Justice Martin Schoenfeld of the Appellate Term, First Department, on Wednesday issued a temporary restraining order against the rules sought by lead plaintiff and artist Diana Dua, according to her attorney, John Brooks of Phillips Nizer. The restraining order enjoins R.C.N.Y. §1-5(b)(2) and (3) until a hearing on a preliminary injunction scheduled for Monday. Mr. Brooks said he is challenging the regulations on state statutory and constitutional grounds. A similar challenge on federal grounds was rejected in July by Southern District Judge Richard J. Sullivan (NYLJ, July 20).

The city says the new system, which sets aside designated sites at the four parks and awards the sites to sellers of books and artwork on a first come-first serve basis, is designed to ease congestion. The plaintiffs claim that concerns about congestion are just a pretext for discouraging expressive matter vendors from selling their works on the sidewalk. Mr. Brooks said the city’s attempt to win a stay of Justice Schoenfeld’s order fell short yesterday at the Appellate Division, First Department. Assistant Corporation Counsel Julie Steiner-Korn represented the city. – Mark Hamblett

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