Mark Ecko fought the law, and Mark Ecko won.
When New York City officials revoked the event permit issued for the Getting Up Bloc Party in support of Ecko's upcoming graffiti-infused action game, it said it was doing so because the event had sought the permit as a cultural event instead of a commercial one.
"The city isn't obligated to permit an event on a public street that encourages the vandalism of subway cars in the name of selling T-shirts and video games," Ed Skyler, representative for New York City Mayor Michael Bloomberg, said in a statement.
Ecko sued, and a judge today said the city's defense was bunk, Reuters reported this afternoon. The ruling paves the way for Wednesday's scheduled event, which will feature 20 graffiti artists spraying up mock subway cars. The city said such an event would incite vandalism.
"By the same token, presumably, a street performance of 'Hamlet' would be tantamount to encouraging revenge murder," US District Judge Jed Rakoff said. "As for a street performance of 'Oedipus Rex,' don't even think about it."
"It (the event) should not be dismissed as easily as vandalism or inciting crime and was born from the fabric of the streets of New York," Ecko reportedly said before inviting Bloomberg to the party.
The fight may not be over yet, as New York City spokeswoman Kate O'Brien Ahlers said city officials were considering an appeal.
Mark Ecko's Getting Up: Contents Under Pressure is scheduled for a November release on the PlayStation 2 and Xbox at a price of $49.99 for the regular editions or $59.99 for the limited editions.