The Tompkins Square Park Controversy and Other Live Music in the Parks

Chris Flash is the publisher of The Shadow, an anarchist's newspaper published in New York City's Lower East Side. Since 2006, The Shadow has presented political rallies with live music every year in Tompkins Square Park. Especially in recent years, Flash applies to the city's Department of Parks and Recreation for as many permits he can get. 

On these applications, Flash applies for each event as a "rally/concert" and, based on previous experience, enters the anticipated attendance as 100 people, the approximate number he typically attracts. Once he receives the park permit, he then applies at the local police precinct for a sound permit for amplification. Upon receiving the sound permit, Flash then rents a stage and sound system. While many event producers have gotten away with arranging events in the park without either parks or police permits, Flash is one of the few event coordinators that always does everything legally.

This application process often begins up to a year in advance, so Flash books neither the speakers nor the musicians until closer to the date of his permit-approved events. Without knowledge of neither the speakers nor the performers at the time of application, Flash has no way of predicting how many people actually will be attracted to the event, nor how weather conditions, social unrest, infectious diseases, and other community factors will influence the outcome. All of The Shadow's events are held in an unconfined area, the site of the former band shell in Tompkins Square Park, open to the general public with no admission charge or prior distribution of tickets. Alongside the performance area, attendees can collect political literature at information tables.

Flash occasionally collaborates with other event coordinators. Earlier this year, Black N' Blue Productions, which produces concerts in Manhattan and Brooklyn featuring hardcore punk bands, approached Flash about collaborating on one of his permit-approved dates. Flash offered the first date for which he had a permit, April 24. In late March, Flash and Black N' Blue leaked that the music artists that would perform on April 24 consisted of three popular hardcore bands from New York, Madball, Murphy's Law, and Bloodclot, plus a reggae band, the Capturers. Another hardcore band from Pennsylvania, Wisdom in Chains, was added in mid-April.

Upwards of 2,000 people were in Tompkins Square Park this past Saturday. Several hundred people attended another event in the former softball field, skateboarded, played basketball, walked their dogs, picnicked on the lawns, played in the playgrounds, took photographs of the hawks, or listened to a jazz trio. The number of people in the park was far higher than usual, however, and clearly the majority of the people collected in the vicinity of the former band shell area. 

Due to the Covid pandemic, current New York State regulations limit outdoor events to 200 attendees, with space for appropriate social distancing, although many demonstrations throughout the city and even the recent DMX memorial gathered greater numbers and were unchallenged. Video footage of Saturday's event, most of which focused on a mosh pit in front of the stage, showed a majority of the attendees not maintaining social distance nor wearing face coverings.

Within hours, PIX11 and Gothamist reported on the lack of Covid protocol by the audience, plus possible misinformation provided by two Parks Department spokespersons about the event being registered by Flash as a 9/11 memorial. This launched a media frenzy and public outcry, mostly led by people who were not in attendance. Flash, along with Drew Stone of The NYHC Chronicles Live podcast publicly hailed The Manhattan Beat's coverage, "Controversy Over Tompkins Square Park Event May Threaten Future Permits," as "fair and balanced" earlier this week.

Due to the vast turnout, the alleged misrepresentation in the application of the permit, and other contested factors, the New York City Department of Parks and Recreation this week cancelled all permits for The Shadow's 2021 events in the park and banned them for 2022 as well. Flash had reserved and applied for seven more dates in the park through October 30. He already had received permits for his two requested dates in May.

Flash's next rally and concert was scheduled for May 8, featuring performances by Antidote NYHC, Kings Never Die, the Last Stand, Crazy Eddie, the Car Bomb Parade, and Reaching Out. The event was not expected to draw as many people as the previous event. Drew Stone, who would be the co-promoter for this show and is the leader of the headlining band, Antidote NYHC, said today on his podcast, The NYHC Chronicles Live, "I don't have the fight in me." The May 8 event probably will not happen. 

Flash also received a permit for The Shadow's subsequent rally and concert on May 22, which would include a performance by the hardcore band Urban Waste. With that permit at least temporarily revoked, the fate of that event is very questionable.

Flash has his counsel working on saving the series. While other entities involved in the April 24 event have spoken to Inside Edition and other media or posted in social media, Flash has remained silent. He has not commented publicly because he believes these matters are most effectively resolved quietly between lawyers and not in the public forum. 

While the matter of permits for The Shadow's staged events in Tompkins Square Park is being sorted, the municipal government has not stated whether this controversy will impact other permits there or elsewhere. NY PopsUp, for instance continues its programming in parks throughout the city. Forthcoming concerts with anticipated large crowds in Bryant Park, Little Island, Central Park's Rumsey Playfield and other parks are still proposed, although the schedules remain largely unannounced. Nevertheless, Parks Enforcement Patrol officers have been more visible in Tompkins Square Park since Saturday, and have made musicians like EveryTing shut their amplifiers.

Meanwhile, multiple independent musicians are performing with and without permits in various open-air spaces in the city. Here are some of the musicians who performed in recent weeks in downtown Manhattan.

Chile Thile performed a NY PopsUp concert at the East River Park Amphitheater on April 17

Rachel Price performed with members of her band, Lake Street Dive,
at a NY PopsUp concert at the East River Park Amphitheater on April 17

Timo Andres performed for a live audience for the first time ever
at a NY PopsUp concert at the East River Park Amphitheater

Rob Leslie at Tompkins Square Park on April 23

The Eric Paulin Sextet at Tompkins Square Park on April 27 

Pinc Louds at Tompkins Square Park on April 23

The Eyal Vilner Big Band at Washington Square Park on April 18

SnackTime at Washington Square Park on April 17

Flowmingos at Washington Square Park on April 18

Sunrise Jam at Washington Square Park on April 18

The Sled Quartet at Washington Square Park on April 18

Vocalist Scott Newman and guitarist Slade joined BB Y.T.K. at Tompkins Square Park on April 18

The [Insert Name Here] Trio at Tompkins Square Park on April 28

EveryTing at Tompkins Square Park on April 30

Andrew Ward at Tompkins Square Park on April 19

moonshadowwillow at Tompkins Square Park on April 24

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The Manhattan Beat covers New York City's live music developments as they happen. All photographs are by Everynight Charley Crespo, except when noted otherwise. For a list of Manhattan venues that are presenting live music regularly, swing the desktop cursor to the right and click on the pop-up tab "Where to Find Live Music." For a listing of  upcoming concerts for live audiences, visit The Manhattan Beat's  May 2021 calendar.