Members of the Community Task Force trying to block construction of Borough President Marty Markowitz’s $64 million amphitheater at Asser Levy Park say cops stepped on their First Amendment right to free speech last week during the opening of the 31st Annual Seaside Summer Concerts series on Sea Breeze Avenue.
Local activist Ida Sanoff was inside the park just prior to the start of the show last Thursday night distributing flyers criticizing construction of the amphitheater when she says Inspector Robert Johnsen of the 60th Precinct approached her and ordered her out.
“He saw that I had flyers and said we had to go outside the fence,” Sanoff told this newspaper. “All of us have tremendous respect for the Police Department and we obey everything they tell us to do to the letter.”
Sanoff and other members of the Community Task Force distributing the flyer were cleared to re-enter the park — provided they remained in an area behind the stage — after Geoffrey Croft, president of NYC Park Advocates, questioned Inspector Johnsen about the validity of the prohibition.
“This is First Amendment 101,” Croft said. “The bottom line for people passing out leaflets for a non-commercial purpose is that it is completely legal.”
The commander of the 60th Precinct could not be reached for comment, but a spokesperson for the Parks Department said that Sanoff and her supporters constituted an “organized assembly” and as such needed a permit to conduct their activities inside the park.
“Generally, people can hand out leaflets [inside the park],” Parks Department spokesperson Phil Abramson said. “In this case, it was deemed an organized assembly which does require a permit.”
Christopher Dunn, associate legal director with the New York Civil Liberties Union, said that park police commonly encounter large groups of 20 or more.
“But that’s not what was happening here,” Dunn said. “That seems like a red herring. I think the commanding officer was just misinformed.”
Amphitheater critics were not the only ones handing out leaflets inside the park at the start of last week’s show honoring the 40th anniversary of Woodstock and featuring Mountain, Creedence Clearwater Revisited and John Sebastian.
“We saw a lot of people — whole teams marching in groups — handing out information for politicians,” Sanoff said. “They just walked in handing out literature as they went.”
The acrimony between the borough president and his critics has not diminished over the summer.
While opponents maintain that an 8,000-seat commercial amphitheater with no plans for additional parking doesn’t belong in their bedroom community, Markowitz insists that transforming Asser Levy Park into a major new concert venue will be a boon for the entire borough.
A handful of amphitheater opponents occupying $5 seats in front of the stage last week held up signs opposing the project as Markowitz addressed the overwhelmingly friendly crowd in his trademark white concert jacket.
“It’s a pleasure to take your money,” the borough president responded.
Laura Sinagra, communications director for the borough president, denied that anyone from Borough Hall asked the police to crack down on the embarrassing flyers.
“This is a First Amendment issue,” Sanoff continued. “I would hate to think that the borough president would stoop so low as to say anything [to the inspector].”
Despite the prohibition placed on them last week, opponents of the planned amphitheater say they will indeed be back again this week and every week after that throughout the course of this year’s Seaside Summer Concert Series.
Police will also reportedly have a law expert on the ground to monitor the situation.
“We do plan to be active for as long as it takes to resolve this issue,” Sanoff said. “This has been a textbook case on how not to plan a major project.”
