ACLU, adult firms appeal decision on Strip fliers

Rachael Levy

Thursday, May 15, 1997 | 11:59 a.m.

The American Civil Liberties Union and two adult entertainment companies have appealed a federal court order that makes it a crime to distribute advertisements for exotic dancers and other services on Strip sidewalks.

S.O.C. Inc. and Hillsboro Enterprises argued Wednesday that the Clark County Commission banned smut peddlers and other handbillers in a scheme to drive outcall entertainers from the Strip.

But the county has maintained that its ordinance was aimed at solving public safety and trash problems created when aggressive handbillers force fliers into pedestrians' hands.

U.S. District Judge Lloyd George ruled in March that local government officials' concerns for public safety outweighed the businesses' First Amendment right to commercial speech.

George denied the businesses' motion to temporarily prohibit the enforcement of the ordinance, violation of which carries a penalty of up to six months in jail and a $1,000 fine. He said despite some commissioners' public statements that they wish to rid the area of outcall services, there was clear evidence of a safety problem.

In his decision, George said he was struck by the traffic hazards that arose when handbillers tried to distribute the advertisements to crowds of pedestrians watching the Treasure Island hotel-casino's pirate show. The judge said county videos recorded pedestrians walking into the street and ignoring traffic signals in order to avoid the handbillers.

George said a less-convincing reason for the county ordinance was the litter problem created by pedestrians who would drop the fliers on the ground. Hillsboro estimated it distributed 400,000 fliers a month.