Legally Confined: The Introduction of Flow Zones Into Performers’ Lives

As the popularity of personality performers has increased, so follows the amount of people taking up the profession. Furthermore, the variation in the costumes themselves has increased as well. The Times Square scene has become far more diverse in terms of its costumed characters, exhibiting not just Disney characters or Marvel superheroes, but topless women known as “desnudas” and naked cowboys as well. What began as a form of redevelopment for Times Square’s reputation is now becoming part of what many believe to make the city, in the words of councilman Corey Johnson, a “victim of its own success.” Some regard the new performers as inappropriate, such as governor Andrew Cuomo, believing it is illegal and “infringing on legitimate businesses” (McKinley). Others see it as creative expression, and some find fault in the performers at large. Many, particularly tourists or residents of New York, consider the performers as a whole to be too aggressive in terms of trying to get a picture in exchange for tips. Others have heard or seen headlines in recent years that report violence or misconduct from these performers, such as the case of “Bad Elmo,” where a man dressed as the children’s television star used the guise to yell anti-Semitic rants (Singla and O’Neill). Though many of these characters do not engage in any kind of verbal or physical harassment, cases where performers have has called for legal intervention, which receive mixed views from the performers themselves.

Special “flow zones” set aside for characters roaming the plaza

As of 2016, the New York City Department of Transportation began working on what are now known as “flow zones.” Painted blue sections now line the sidewalks of Times Square, labelled as places in which the performers are limited to. With an increased amount of performers, many find them to be too crowded and find that they “feel like [they’re] in jail,” as one performer dressed as Elvis commented (Beckford). This form of confinement to the bright blue spaces alongside the close proximity to other performers interferes with the business. Marvel superheroes placed next to nearly naked cowboys, for instance, do not get the same attention from children due to the less child appropriate nature of the scene. Some regard the change as an uplifting one, feeling as though their job now has an increased sense of professionalism. As reported by the Los Angeles Times, some see no difference in tips, and feel as though the designated areas make the job more official. Others, however, fear that the legal intervention may signify the end of their costumed life on Times Square.

Sign put up by police warning tourists about tipping costumes characters

Several performers, who have relied on this profession for a living for years now, find that the media’s spread of the violent cases, as well as the inability to move freely, threaten their income. Leaving the zones while performing, according to the NYC DOT, carries the risk of being fined “up to five hundred dollars,” or even serving jail time. Though performers have argued that the zones are a violation of the First Amendment, they’re told their activity is seen as commercial, and therefore, upon the city to regulate, as attorney Linda Steinman responded (Beckford). With it being recognized as commercial activity, signs have been posted informing pedestrians that pictures with the performers do not require tips, but are encouraged. Some performers look upon this aspect of the flow zones favorably, seeing that residents and tourists of NYC are now increasingly aware that tips are exchanged for the pictures, considering that many tourists take pictures unbeknownst of this. Others, however, still find that the flow zones interfere with their jobs: and in turn, their future. As such, this renewed legality of the profession can be seen as a matter of perspective for some, but a dire situation for others.

Another sign warning people of tipping performers

 

Resources:

  • “After Years of Bad Behavior, the Costumed Characters of New York’s Times Square No Longer Roam Free.” Los Angeles Times, Los Angeles Times, 3 Aug. 2016.
  • Beckford, Checkey. “Elvis, Elmo Bummed by City’s New Times Square Flow Zones.” NBC New York, NBC New York, 9 June 2016.
  • McKinley, James C. . “Cuomo Joins Call to Curb Topless Women in Times Square.” The New York Times, The New York Times, 19 Aug. 2015
  • Fitzsimmons, Emma G. “New York Moves on Restricting Costumed Characters in Times Square.” The New York Times, The New York Times, 7 Apr. 2016
  • Singla, Vinita, and Natalie O’Neill. “Times Square Elmos Are Ruining People’s Childhoods.” New York Post, New York Post, 28 Mar. 2016.

 

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