The "problem" of bare-breasted women soliciting tips in Times Square is just one part of a larger panorama which includes naked cowboys, action heroes and muppet characters saturating the pedestrian plazas established as oases in the traffic-congested "Cross-roads of the World". City officials are scratching their heads and wringing their hands over how to address this phenomena without invading the civil rights or constitutional protections of these self-professed performers.
The first issue to be determined is whether the presence and actions of these costumed accosters truly is a problem. After all, Times Square's appeal has always been its tawdry character which for decades has drawn, titillated and frightened tourists. On the other hand, local merchants claim that the aggressive nature or erotic appearance of these panhandlers deters visitors, particularly families with young children, and damages their business. It is for the City Council, after careful study and extensive public hearings, to determine the kind of neighborhood that best serves the City's overall interests.
Second, the criminal justice system is not the appropriate instrument for resolving this patently societal tension. Arresting and prosecuting the actors merely implicates knotty constitutional and legal issues premised primarily upon protection of freedom of speech and would require satisfying the high bar of proof beyond a reasonable doubt.
Instead, the City Council could conclude that commercial activity within the pedestrian plazas is inimical to their primary purpose of rest and reflection and adopt an ordinance which designates those areas as commerce-free zones. It would not be a stretch to find that posing with tourists for tips is a commercial endeavor and courts have regularly upheld limitations on the use of park space or solicitations on subways. An injunction could be sought in civil court barring persons from engaging in the proscribed conduct including presentation of so-called performance art.
No comments:
Post a Comment