me.3. As soon as I send it out to the media, performers and the community, Parks officials begin telling all the people they were hiding the rule from that, “It won’t apply to performers; nothing will change; they can keep on performing and accepting donationsand vending CDs exactly as they were previously doing.”Question:Does it make sense to you that they’d create a rule which, if enforced, would eliminatevirtually every performer from NYC Parks, and then not ever enforce it? Why would theyneed such a rule?Obviously, they intend to enforce it at some point. It may not be tomorrow or next week, but they will enforce it, otherwise they will be guilty of selective enforcement, which isillegal.Selective enforcement is when a police agency like the PEP or the NYPD enforces lawsor rules against some people but not against others who are in the exact same category.In this instance, the category is First Amendment protected “expressive matter vendors”which as the rules clearly state, includes both visual artists AND performers.A similar current example of selective enforcement would be for the police to stop andfrisk every African American male but to never stop and frisk Caucasian males. Selectiveenforcement is illegal and unconstitutional under the 14th Amendment, i.e. the equal protection clause in the bill of rights.When you can prove in court that a city or agency has such a policy and you sue, the cityloses the lawsuit bigtime.As you already have likely observed if you work in a park, the Parks Departmentenforces the expressive matter rules very strictly in all NYC Parks against visual artists,and has done so on a daily basis since June of 2010 when the rule was first passed. 98%of the artists who were selling in parks before June 2010 are now gone.Conclusion:The City intends, and in fact, has to enforce the rules against performers or they will losethe currently pending lawsuit about the rules, Lederman et al v Parks Department.The rules make it explicitly clear that all expressive matter vendors must comply with allof the rules in all NYC Parks; that in 4 Parks they can only vend on a medallion; that inall other parks they must follow all of the many restrictions on setting up within a certaindistance from monuments, walls, fences, benches, signs and trees.While the media, performers and community activists continue to question the ParksDepartment about the excessive restrictions, Parks just continues to lie about it.