Fight and citizens arrest in art gallery; Taken into Custody

[OnWithTheShow]

I live in New York. So heres what happened. I was on a date in an art gallery enjoying a new exhibition with a soon to be girlfriend. We were in a decent sized room admiring a good sized sculpture of an ivory white ancient roman god scene. It was resting on a stand about four feet tall. As I am looking at it and talking to my girlfriend about it some guy steps directly in front of me and stares at it, blocking my view.

I told him to move and began pushing him away on his inside shoulder. He slapped my hand off him as he was stepping to the side and said, _sure buddy_, turned his head and winked at my girlfriend. In mild anger I stepped firmly on the back of his tennis shoe and pushed him forward, causing him to stumble. He turned around and shoved me back, at which point I collapsed backward into the sculptures stand, causing the sculpture to bounce off the back of my head and shatter all over the floor. I wrestled him down until security arrived.

Now, I have a lawyer and I_m not dealing with this. The first sculpture that was destroyed was listed for $8500. I talked to a friend of the artists (it wasn_t an artifact thank god) and he said her sculptures are notorious for being unreasonably high priced and no one buys them anyway. So I am offering to pay for her labor and materials which is more reasononable at $300. My lawyer and I are researching a relatively new law called the VARA (http://en.wikipedia.org/wiki/Visual_Artists_Rights_Act) in which artist_s works and integrity are tightly protected by federal law against damage, so I may be in for a battle. I'm not paying for any of this. Advice?

 

[LeeHarveyBlotto]

(you believe that?).

No, I don't believe any of it.

 

[Zigner]

So, you started a fight and now don't want to live with the consequences? Only in New York!

Oh, and I hope your "Soon to be girlfriend" sees you for the violent person you are and steers way clear of you! (Don't hit me for it, just my opinion)

 

[mommyof4]

Advice....

Sell whatever you have to in order to pay up. YOU started the fight. He finished it.

It doesn't matter what YOU think the artwork was worth. Personally, there are some very well known paintings that I think I could do with a canvas and a gallon of $3 paint. Big whoop.

Now, grow the hell up.

 

[OnWithTheShow]

Advice....

Sell whatever you have to in order to pay up. YOU started the fight. He finished it.

No. If the guy who shoved me came on here and asked if he was responsible, i'd bet the farm that you and most of the other power trippers on here would tell HIM to pay for it. He deliberately shoved me into the sculpture, my act may have been unwarranted, but there was NO damage done. You are just blaming me because you can't decide what else to do.

It doesn't matter what YOU think the artwork was worth. Personally, there are some very well known paintings that I think I could do with a canvas and a gallon of $3 paint. Big whoop.

The artist you are referring to is Jackson Pollock. And yes, virtually all average people with untrained eyes believe they can recreate Jackson Pollocks. Have at it.

Can I please have constructive, intelligent, well thought out advice?

 

[CdwJava]

As I am looking at it and talking to my girlfriend about it some guy steps directly in front of me and stares at it, blocking my view.

Rude, but neither criminal nor actionable.

I told him to move and began pushing him away on his inside shoulder.

The POLITE thing to do would have been to ASK him if he could move - not TELL him!

When you pushed him, you committed the crime of battery.

In mild anger I stepped firmly on the back of his tennis shoe and pushed him forward, causing him to stumble.

How long have you had this anger management problem? This is NOT normal behavior when dealing with rude people. Do you get into a lot of fights?

Now, I have a lawyer and I_m not dealing with this. The first sculpture that was destroyed was listed for $8500.

If that's the retail price, you're kinda stuck. You can always sue the other guy and hope to win half the value of the art from him in small claims.

I talked to a friend of the artists (it wasn_t an artifact thank god) and he said her sculptures are notorious for being unreasonably high priced and no one buys them anyway.

Irrelevant. They might negotiate a lower price, but now that it's busted there really is no way to know if anyone would buy it or not. So, they have little need to negotiate. If you are convicted of battery and vandalism, you may very well be required to pay for the damages to the item anyway.


Look into some anger management counseling ... just from what you wrote, you seem to have a problem with controlling these impulses.

- Carl

 

[Zigner]

No. If the guy who shoved me came on here and asked if he was responsible, i'd bet the farm that you and most of the other power trippers on here would tell HIM to pay for it. He deliberately shoved me into the sculpture, my act may have been unwarranted, but there was NO damage done. You are just blaming me because you can't decide what else to do.



The artist you are referring to is Jackson Pollock. And yes, virtually all average people with untrained eyes believe they can recreate Jackson Pollocks. Have at it.

Can I please have constructive, intelligent, well thought out advice?

Carl gave a very good answer.
As for your response here, IF the other guy came on here, his story would be one of "I was looking at some art and some guy shoved me and told me to move out of the way"

 

[You Are Guilty]

You know what the most difficult part about going to an art gallery show is?




... telling your parents that you're gay


PS: My BS-O-Meter just exploded. I'll be back in a few days once I get it repaired.

 

[seniorjudge]

...I told him to move and began pushing him away on his inside shoulder....

You threw the first punch.

You are the instigator.

You started the fight.

By your own admission....

 

[seniorjudge]

Oh, by the way, what (on a human being) is an "inside shoulder"?

 

[OnWithTheShow]

still not clear

Rude, but neither criminal nor actionable.

Carl, you may have forgotten the following

He slapped my hand

I simply touched his shoulder, like everyone else, in a gesture to say "Please, could you step aside" He assaulted me with a forceful and deliberateaction, escalating the situation. A person is allowed to defend themselves when confronted or assaulted!

When you pushed him, you committed the crime of battery.

Again, I only gently pressured his shoulder.

How long have you had this anger management problem? This is NOT normal behavior when dealing with rude people. Do you get into a lot of fights?

Nobody gets anything they don't have comin.

If that's the retail price, you're kinda stuck. You can always sue the other guy and hope to win half the value of the art from him in small claims.

I may do this, but I would 100% more prefer to go ahead and have him accept fault at the hearing.

Irrelevant. They might negotiate a lower price, but now that it's busted there really is no way to know if anyone would buy it or not. So, they have little need to negotiate. If you are convicted of battery and vandalism, you may very well be required to pay for the damages to the item anyway.

Not irrelevant. That woman can't just make up some price in her head and make me pay restitution! I am willing to pay the damages, which account for the wasted materials ~$300. And if he pays or a 50/50 ruling is found (which is at the minimum what i want) it will be less

SeniorJudge please see this. He escalated the situation. And his inside shoulder (on a human being) is the shoulder closest to you when someone stands near (or directly in front of) you.

 

[LeeHarveyBlotto]

You seem to have more answers than several laywers and other informed professionals who have responded. If you "know" we're wrong, why are you wasting your time here?

 

[OnWithTheShow]

You seem to have more answers than several laywers and other informed professionals who have responded. If you "know" we're wrong, why are you wasting your time here?

I apologize if I seem ungrateful. Thank you for the replies, they are for the most part helpful. I am just trying to ensure that everyone sees my point of view and don't think i'm just some wacko.

 

[quincy]

Are you OnWithTheShow a.k.a. manowar27, by any chance????

 

[moburkes]

I apologize if I seem ungrateful. Thank you for the replies, they are for the most part helpful. I am just trying to ensure that everyone sees my point of view and don't think i'm just some wacko.

We ALL think that you're wacko based SOLELY on your post.