Led by human-sized Elmos, a cast of as many as 80 costumed characters has turned Times Square into a playground for obnoxiously aggressive panhandling.
These Mickey Mouses, Hello Kittys, Statues of Liberty and Spider-Men hang about amid the 350,000 people who jam the Crossroads of the World daily. There they draw tourists, particularly children, and then offer to have their pictures taken as a memento of a visit to New York.
At that, the fun stops. While the characters theoretically aren’t charging for the service, out comes a hand looking for money. They purport to solicit voluntary tips. But often a dollar or two is not enough. Some talk of $5, $10 or $20 in an overbearing if not intimidating manner. If four Elmos gather behind a child for a snapshot, each will likely seek payment.
Many tourists are cowed into forking over cash. The Times Square Alliance has documented cases of physical and verbal assaults by the masked hucksters. It’s no wonder that the group’s surveys show that 41% of Times Square visitors report an unpleasant interaction with the roving furry goons.
And no one has figured out how to stop the threatening hustle.
Wearing a costume is protected as free expression under the First Amendment. While the law bars aggressive panhandling, Police Commissioner Bill Bratton says that the line between free speech and illegal aggression is too blurry to allow for a wholesale crackdown.
City Councilman Dan Garodnick is wrestling with the possibility of enacting legislation that would regulate the commercial activity of the characters, who are clearly in business to provide a service, while also passing constitutional muster. A very small needle to thread.
Short of licensing, the answer to the Elmos’ free speech may be more speech. City Hall and the alliance should consider posting in Times Square and surrounding hotels notices that warn tourists and inform them of their rights.
Think of a nice big sign showing Elmo’s face stamped with the universal symbol of prohibition above clear rules:
Characters are barred from demanding money. You are under no obligation to give money to a character after taking a photo. Report any requests for money to police. Enjoy Times Square.
![In a narrow vote this week, the Federal Trade Commission approved a rule that will ban the vast majority of noncompete clauses by U.S. employers, which have long prevented workers from switching jobs or setting out on their own. In doing so, the agency did its duty to protect American economic dynamism and opportunity, nothing less, nothing more. We hope that’s the clear conclusion of the courts that will now rule on a lawsuit being brought by the Chamber of Commerce, which has strenuously supported this anticompetitive practice. Of the arguments that the business group and other opponents have rolled […]](https://www.nydailynews.com/wp-content/uploads/2024/04/GettyImages-1820955015.jpg?w=490 "In a narrow vote this week, the Federal Trade Commission approved a rule that will ban the vast majority of noncompete clauses by U.S. employers, which have long prevented workers from switching jobs or setting out on their own. In doing so, the agency did its duty to protect American economic dynamism and opportunity, nothing less, nothing more. We hope that’s the clear conclusion of the courts that will now rule on a lawsuit being brought by the Chamber of Commerce, which has strenuously supported this anticompetitive practice. Of the arguments that the business group and other opponents have rolled […]")
