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Testimony of Public Advocate Betsy Gotbaum for Parks Department Hearing on New Rules for Public Gatherings on the Great Lawn of Central Park

Good afternoon. Thank you for holding this hearing.

I am here today not only as the Public Advocate but as a former Parks Commissioner. I have expressed my position on this issue in a letter to Mayor Bloomberg and Commissioner Benepe, at a press conference several weeks ago, and at the City Council hearing this past Wednesday. Few understand better than I do the importance of maintaining the beauty and physical condition of the city’s green spaces. I established the City Parks Foundation, which has brought in millions of dollars for restoration and maintenance.

And yet I also know that our parks were not made just to be looked at. During my tenure at Parks, I got the City to change its policy to allow the Gay Men's Health Crisis (GMHC) and other organizations the use of Central Park for fundraising events. As a result, more people than ever before could participate in GMHC's AIDS Walk and the money raised for people with HIV/AIDS rose dramatically.

I opened Central Park to the AIDS Walk because I recognized that our parks are the places where New Yorkers of all walks of life come together to play games, enjoy music, and exercise their right to express themselves. For decades, the Great Lawn of Central Park has been a symbol of freedom. The Mayor’s new rules betray that legacy.

His plan to severely restrict the number, size, and timing of gatherings on the Great Lawn—and to ban special events altogether in the Sheep Meadow, the North Meadow and ultimately the Hecksher Ballfields—is wrong for our city. The supposed purpose of the plan is to protect the grass, but it does so at the expense of civil rights and ignores Central Park’s rich history.

A few words about that history: Mayor Bloomberg and Commissioner Benepe are not the first to try to limit use of the Park. In the years after the Park opened, strict rules were put in place to discourage German and Irish immigrants from visiting and disturbing the afternoon carriage rides of wealthier residents. Group picnics were banned for this reason. Tradesmen were forbidden from using their commercial wagons for family drives. School children couldn’t play ball on the meadows without a note from their principals.

Conscientious New Yorkers fought these restrictions and won. By 1865, the Park hosted more than seven million visitors a year. In the 1960s, Mayor Lindsay encouraged concerts and demonstrations in the Park and showed the world that a spirit of community and idealism lives in New York City. By the end of the century, we had added a carousel, tennis facilities, concerts, and the zoo. When we’ve changed the rules in the past, we’ve opened up the park to more New Yorkers. Why on earth does Mayor Bloomberg want to go in the opposite direction?

The Parks Commissioner already has the power to deny a permit if a proposed event is likely to cause harm to the park. He or she also has the power to demand that organizers put up a bond to pay for restoration if their event damages the grass.

A reasonable observer could draw the conclusion that the Mayor has other motives for imposing these unnecessary rules. There is reason to believe that, in the wake of the Republican convention last year, he is seeking to limit public demonstrations that have the potential to embarrass his administration.

Last year, when United for Peace and Justice was fighting for the right to stage its protest of the convention on the Great Lawn, Douglas Blonsky, President of the Conservancy, testified on behalf of the Bloomberg Administration. He said, “Lawns are most at risk [of extensive damage] during the hot, dry days of August.” If that’s the case, why does the City now say that the month between mid-August and mid-September is the only good time for special events?

It is clear that the Mayor is fishing for an excuse to silence groups that get under his skin.

The Police Department has already moved to restrict parades and demonstrations along 5th Avenue. By making 5th Avenue and the Great Lawn off limits, the Bloomberg administration is essentially pushing future demonstrations onto the West Side Highway, where their exposure to the public eye will be minimal.

Mayor Bloomberg shouldn’t be ashamed of the big events this city host. He should be proud of them.

He should be proud that a 2003 concert by The Dave Matthews Band drew 83,000 New Yorkers to the Great Lawn and raised over $2 million dollars for City public schools. At the time, he said, “Central Park, which has a long history of hosting major outdoor concerts, is the perfect setting for such an exciting event under the night sky,” but apparently he’s changed his mind. The Dave Matthews concert took place on September 24th, too late in the calendar to have taken place under the new rules.

Ask New Yorkers and visitors to the city for their favorite memory of Central Park and some might mention the upkeep of the grounds. But many more will speak of attending a mass presided over by Pope John Paul; of seeing Simon and Garfunkel reunite for a crowd of half a million; of joining 750,000 people to protest the nuclear arms race. None of these events would have happened under the new rules.

The City’s proposal would create a situation in which hundreds of groups compete for only 2 permits. It wants to allow only 6 events on the Great Lawn a year, and 4 of those slots are already reserved for the opera and the symphony. When the Parks Department originally set aside those permits for the Philharmonic and the Met, it wasn’t at the expense of other groups. But under the new rules, the number of permits available would


be severely limited, and most groups would be at an extreme disadvantage. My office is exploring legislation that would prohibit the Parks Department from playing favorites in the way it hands out permits.

The new rules don’t just violate our civil rights, they go against our values. New Yorkers like big, diverse crowds, and we like to speak our minds. Mayor Bloomberg and Commissioner Benepe have a responsibility to those values.

They must keep the Park beautiful while at the same time embracing its status as New York’s town square. It may not always be easy, but I know from my own experience as Parks Commissioner that it can be done without additional restrictions. If anything, Central Park needs more help from City Hall, not a giant sign that says, “Keep off the Grass!”


 

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