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Videos: Parks Police Grab And Slam Artist To Ground In Washington Square Park
By
Elizabeth Kim
Published Oct 10, 2019
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By
Elizabeth Kim
Published Oct 10, 2019
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An artist, who was grabbed and pushed to the ground by three New York City Parks officers at Washington Square Park, is accusing the individuals of using excessive force for a minor offense of displaying and selling art.
Oriel Ceballos, a locally known painter who peddles his work around the city, said officers approached him on Sunday as he was exhibiting his pieces near one of the lampposts, not far from the fountain. In a tense and physical confrontation that was captured on video by several onlookers, officers held and grappled with him amid a crowd of alarmed spectators, many of whom shouted at the Parks officials to stop.
During one point, an officer sat on Ceballos's back and pinned him down to the ground as another officer tried to grab his arms to handcuff him. "Drop your hands," one of the officers screamed repeatedly. "Put your hands behind your back."
Ceballos, 37, was later arrested and charged with choking an officer, attempted assault and other offenses.
He denied assaulting any of the officers. He said at one point an officer grabbed him in a headlock. In one of the videos, a bystander can be heard saying, referring to one of the officers, "He was using a chokehold. He should be arrested."
According to Ceballos, he was also punched and pepper-sprayed in the face.
"It's burning, and I can't really breathe," he recalled in a phone call with Gothamist. “For a brief moment, I believed I was going to die just like Eric Garner. I now understand why he died.”
He said he repeatedly asked the Parks officials to call the police, who he said typically leave him alone. He added that he did not want to allow the officers to handcuff him because he felt it was a false arrest and wanted to wait for the NYPD to show up. He said he was never read his rights. However, a Miranda warning is only required for those in policy custody before they are about to be questioned.
Photos and videos of the incident have been circulating on Instagram and Youtube.
A spokesperson for the Parks Department issued the following statement: “This defendant has received multiple summonses and 311 complaints in recent months. On the day in question, officers asked him for identification to issue another summons for violating parks regulations. He refused to provide identification and the officer attempted to arrest him. This individual resisted arrest and began to choke the officer.”
Over the years, the Parks Department has been criticized for enforcing what some say is an unnecessary crackdown on the various musicians, artists, activists, poets that assemble in Washington Square Park.
In 2010, the Parks Department imposed a litany of rules and restrictions on individuals who sell or solicit donations, with fines ranging from $250 to $1,000. Artists, for example, are not permitted to have their artwork displayed on the ground. Individuals using amplified sound must have a permit.
Artists, performers and civil rights advocates have argued that artwork and performance are expressions of free speech and the parks' enforcement amounts to harassment. Parks officials said the rules are about balancing the interests of competing users, including those who want quiet relaxation.
According to the Parks Department, the first course of action for enforcement officers is to talk to violators about the rules. The next step would be to issue a summons for those who fail to comply. The department said that only in rare cases does it proceed with any arrest.
Ceballos maintained that he was merely trying to stand his ground for a minor offense. “I think its time for citizens to have no fear and try to stand your ground in a way that doesn’t bring you harm,” he said.
Ceballos, who sells his art at Washington Square Park five to six days a week, said the rule requiring a table for artwork is rarely enforced.
“It’s like jaywalking,” he said, adding, “Unless they have a problem with you.”
He said he has had altercations with one of the officers before, leaving him to believe he was unfairly targeted. "She singles me out constantly," he said, about one of the officers seen holding him around his stomach. "There's a history there."
A spokesperson for the Parks Department did not respond to a request for the names of the officers.
Ceballos said he has been selling his art in Washington Square Park for roughly two years and that his work has been exhibited in various shows across the city. A father of two who lives in New Jersey, he said he has a good relationship with park goers.
On Instagram, individuals shared photos and messages of support.
"From what I know he was well liked and respected in the park and nobody I talked to had any problems with him," said Isabella Christie, one of the people who shared the photos on Instagram. "My friends and I were really upset over the video and the treatment he received considering he’s been something of a fixture in the park for a while."
After being taken by Parks officials to the 6th precinct, he was released on Monday morning. Ceballos, who is due in court next month, said he was in the process of hiring a lawyer. He told Gothamist he intended to sue the Parks Department over what he believes was an illegal arrest.
Immediately after being released, he said he promptly returned to the park, if only to verify that it really did happen. "I just needed to be back at this place and speak to people who were there," he said.
UPDATE: The story has been updated to include a clarification. Although Ceballos complained he was not read his rights, a Miranda warning is required for those in police custody before they are questioned, not to those who are arrested.
Tagged
washington square park
Parks Enforcement Patrol
nyc parks
parks department
Oriel Ceballos
Elizabeth Kim
Elizabeth Kim is a reporter on the People and Power desk who covers mayoral power. She previously covered the pandemic, housing, redevelopment and public spaces. A native of Queens, she speaks fluent Mandarin. Got a tip? Email [email protected]
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