On our exit, I saw that the protesters had been cordoned off by a now-massive phalanx of NYPD cops and pinned against the far side of the street – far away from the event they sought to address.
I went up and asked them why. They replied that they had been informed that the Huffington Post event had a permit that forbade them to use the sidewalk. I knew from my investigative reporting on NYC permits that this was impossible: a private entity cannot lease the public sidewalks; even film crews must allow pedestrian traffic. I asked the police for clarification – no response.
Wolf writes extensively about the abuses of the First Amendment freedom of assembly and speech and the subtle ways in which municipal permitting presumes to limit these essential rights. But apparently in New York, even big money events such as film productions aren't allowed to block public access to sidewalks as that would constitute a First Amendment violation.
So my question is, given that New Orleans is also technically part of the United States, shouldn't the same be true here? Film productions regularly cordon off public streets and sidewalks to the great annoyance of nearby residents, business owners, or just people trying to pass through. A few years ago, the NBA All Star Game was allowed to assume the entirety of Jackson Square for what was quite likely an illegally private party.
New Orleans is scheduled to host a number of high profile sports events in the next few years which may desire the same special treatment granted the NBA. We've just had our Superdome sold out from under us. Will the rest of our publicly owned assets... our very streets, in fact... be far behind?
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