From the Offices of
			   Robin Brooks-Rigolosi, Esq.
				  NEW YORK, NY
				 (917) 699-2517

FOR IMMEDIATE RELEASE:					CONTACT:Robin Brooks-Rigolosi
November 26, 2003						       (917) 699-2517

				New York City Artist
			  Defends Right To Sell His Work


New York City—A critically acclaimed New York City artist is fighting to save his 
livelihood—and avoid criminal conviction—after police officers violated his First 
Amendment rights by arresting him for selling his artwork in public.

This Monday, December 1, 2003, at 9 a.m., John Fucile will make his first appearance 
in New York County Criminal Court, which is located at 100 Centre Street, in an 
effort to have the criminal charges against him dismissed. Fucile has been charged 
with vending without a license under the City’s Administrative Code, even though 
he is protected under a clearly stated exemption.

“It has been a long time waiting for my day in court,” Fucile said. “I look forward 
to hearing the Judge uphold my right to express myself.”

Fucile is an acclaimed filmmaker whose works have won numerous awards in film 
festivals nationwide. September 9, 2003 New York City police officers arrested 
John Fucile as he sold DVD copies of his films just south of Union Square.

“The three arresting officers asked me a few questions, but debated among themselves 
if what I was doing was actually a crime,” Fucile said. “One decided he was erring 
on the side of caution by handcuffing me, confiscating my work and arresting me. 
I was shocked and humiliated. Plus, I wasn’t released from the precinct until nine 
hours later.”

“The law under which John was arrested is a legitimate statute that was 
unconstitutionally misapplied in my client’s case,” said Robin Brooks-Rigolosi, 
a non-practicing attorney who agreed to represent Fucile pro bono because she 
believes so strongly in the merits of the case. “Aside from the mountain of 
jurisprudential precedent protecting Mr. Fucile under the First Amendment, the 
statute itself protects my client: it specifically exempts people who sell various 
forms of written material. I have the utmost confidence that the Judge will protect 
my client.”

Under the General Vendors Law, vendors selling written matter, such as newspapers 
and magazines, are free from having to secure a license to sell their goods. 
New York State and federal court interpretation of that law has clarified that 
“written matter” necessarily includes various forms of expression, from filmmaking 
to condom distribution for sexual education.

Prior to his arrest, Fucile discovered he was able to earn a modest living as an 
artist by selling copies of his film. Once officers confiscated the copies of his 
DVDs and his DVD player, it became extremely difficult for him to continue earning 
his living. With New York’s bleak economic condition, Fucile has struggled to 
find alternative employment.

“There’s no question that the City has an interest in protecting the public from 
the hazards of a congested sidewalk, but the lawmakers and courts have long decided 
that a small exception for a limited number of vendors like my client would pose 
no risk to New Yorkers,” Brooks-Rigolosi said. “John’s life has been on hold since 
his arrest, and I look forward to the Court vindicating his rights under the law 
and allowing him to retrieve his property so he can get back to work. Since his 
arrest he has been without the tools of his trade, making it difficult for him to 
sell his films.”

After graduating from the New School University with a Masters in Media Studies, 
John Fucile began earning a living by selling DVD copies of movies he writes, 
produces, acts in, directs, edits, screens for the public and distributes.


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