Bill would crack down on Times Square performers

Times Square leaders, elected officials and even the Naked Cowboy united Monday in support of legislation that would regulate all of the costumed characters who have created a nuisance for visitors and pedestrians at the tourist hot spot.

Under the bill, which is the subject of a City Council hearing Wednesday, the city’s Department of Transportation would have the power to set guidelines for all pedestrian plazas in the city, including specific locations for costumed performers, promoters and other solicitors.

Tim Tompkins, president of the Times Square Alliance, the area’s business-improvement district, said he has heard too many stories of people getting harassed by performers dressed as Elmo, Batman and others, and that it was time to address those complaints head-on with the bill.

At a news conference Monday, Tompkins read some of those woes posted on Twitter.

“I never screamed so piercingly loud and strong as when Times Square Elmo tried to hug me,” tweeted @LuRuSo. Another Twitter user, @weeumBasha, proclaimed: “Times Square is much more pleasant without cars. Or Elmos.”

The public would be allowed to comment about the locations where the performers would be allowed, but the DOT will consider several factors, including the “availability of and need for open space in the surrounding areas” and the ability to deliver programming.

“It will not ban anyone from engaging in commercial activity legally, but it will put people in the zones and allow people to have a choice on whether to be approached,” Tompkins said.

A vote on the bill is set for April 7.

Several performers have been arrested or given summons for harassing pedestrians — most recently on Saturday, when a Spider-Man performer was arrested, along with a tourist, after the performer allegedly kicked a mother who couldn’t immediately provide him with a tip.

City Councilman Dan Garodnick, who represents parts of Times Square and is co-sponsoring the legislation, acknowledged that there are plenty of costumed characters who don’t create trouble and said this bill would help them.

“We need to protect the uniqueness and excitement of Times Square while bringing some order to the chaos,” he said.

One of Times Square’s longest-running and most-famous street performers agreed. The Naked Cowboy said he supports the legislation and that it would help increase the quality of the performers.

“This is my obligation, that’s why I pledge my support for a little regulation,” he sang at the news conference.

Robert Clark, 43, who performs as Elvis in Times Square, disagreed. Clark said he would think about suing the city if it passed the bill, since it would mean fewer people taking pictures with him.

“I don’t stand in New York all the time. I don’t like standing in one spot,” he said.

The union representing tour-bus ticket solicitors protested the news conference with colorful signs.

Lenwood McKoy, the president of Transport Workers Union Local 225, said his members are being unnecessarily lumped together with annoying costumed characters.

“We don’t see why we should be penalized because of someone else’s aggressions toward people. I’ve had it myself with these people,” he said.

Tompkins said no one would lose their jobs if they are operating legally and said he and the other leaders would talk with the union about their concerns.

With Ann W. Schmidt