> This is the domain of Parks and Recreation, and they are doing exactly what they are supposed to do, for completely boring but sensible reasons.

> Sometimes they fuck it up by overstepping their bounds and acting in ways they are not authorized to.

> I fully support the artists here– but it is precisely the job of Parks employees to assist in the removal of any form of unauthorized modifications to the park.

Deep breath. Okay, here we go:

As someone who deals with building codes every week, I understand the reason why codes exist, the reason why inspections exist. Yes, the Parks department is doing their job, of course. No big deal.

But here's the thing:

Processes of authorization, verification, etc. is just one of many ways to deal with the world and with unstable processes. It's not the way to deal; it's just one of many ways. It may appear to be a default mode of operation (get a protest permit, get a sound permit, get a building permit), and yes, it often works to maintain order, but it's not the only way, nor is it a default way. It's just one way.

What authorization/permitting processes do is that they are explicitly law-oriented (laws are not the only way to create social order within a society), and thus enforce order in a negative, punitive fashion (if you don't do this, you will be punished). Reading in the park? Okay. More than 20 people gathering for a purpose? In NYC, this counts a special event, and requires a special events permit, otherwise it is unauthorized. Think of the 'rule' as a very sharp line demarcating between what is possible, and what is not possible.

Other ways of enforcing order can be lines that are gradients, fuzzy, in which the boundary between what is okay and what is not okay is not so clear. 'Tradition', or rules of thumb generate these social phenomena -- think about the way in which you can drive a few miles over the speed limit and not be ticket. Is it codified in a 'rule'? Uh, no.

> Your act of defiance does not trump everyone else's way of life.

But see here: NYC's gorgeousness doesn't from from its rule-oriented, sharp demarcation of What-Is-Okay. It comes from tolerance, really, which is a very stretchy, flexible thing that happens between community. When someone decides to call himself an alien and play the saxophone wildly on the C train, do people call the police because that's unauthorized behavior? Not really. Why not? Isn't a little bit like the subway busker is driving a little bit over the speed limit?

My point is largely that 'tradition' or 'rules of thumb' are actually present, valid, important, and non-trivial processes for which a healthy and tolerant society is created. (Of course, not all traditions are healthy; some are incredibly harmful. But the same goes for rules and laws, of course.)

If all of a sudden, the 'no subway buskers' rule is harshly imposed, that's actually quite a deliberate judgment to ignore the category of processes called 'traditions' for the category of processes called 'rules'. It's not said as such; the excuse will be: "well, the rules are the rules". This is because rules are (by definition) much more visible and explicit ("Do not solicit for money in the subway"), while traditions are shifting, hard to pin-down. Saying "the rules are the rules" is not actually a neutral behavior - it's a stance, specifically biased towards one process that engenders society-formation through punitive measures.

And so of course, the common argument is that traditions are 'arbitrary'; no, they're not. They're decided by people; it's just that they are localized, are more in flux, emergent behavior. Think agent-based programming vs. imperative programming, for a tradition vs. rule analogy.

Tradition is hard to write down, and hard to pin down, but that doesn't mean that it doesn't exist, and isn't important.

SO. In summary. NYC is specifically rich because it's a place where many things are okay and celebrated. I've been here for more than a decade as an adult enough to not be starry-eyed about beatniks running in its heyday -- but it's really gorgeous. It's one of the few cities that can change who you think you are. It's one of the few cities that can make you rethink your relationship to space and architecture and other people. It's one of the few cities in which public space is everywhere and alive, because of the subway and because of its parks, and in which people may not be 'friendly' but will help each other out when shit goes south, because the density and closeness -- and tolerance -- of it all brings people together.

It's not just the rules that create this kind of city -- so very much of it is the traditions, the informal processes, the difficult-to-transcribe ecologies, the behavior that emerges. Rule-oriented, legalistic processes of authorization and permitting are not the only answer to creating a society. Laws are not always the answer to dealing with other people; nor should it be a default. Let's not fetishize authorization and permitting.