Constitutional issue delays advertising plan for McCarran

Adrienne Packer

Wednesday, Nov. 18, 1998 | 11:19 a.m.

Holiday cheer was hardly the mood inside the Clark County Commission chambers Tuesday when the intent and constitutionality of a proposed airport advertising policy was strongly debated.

A decision on the policy, which would prohibit advertising spaces at McCarran International Airport to be used as forums for debate for non-commercial issues like politics and religion, was delayed indefinitely.

Las Vegas resident William Grutzmacher argued that the proposed policy was simply another attempt to derail his request to rent space and erect a Nativity scene near the apex of Terminals B and C.

Grutzmacher already filed a lawsuit against the county after the airport denied him his Christmas display.

"The sole purpose of this is to block my Nativity committee," Grutzmacher said, referring to his Nativity Scene Committee.

Rosemary Vassiliadis, deputy director at the airport, said the purpose of the policy is to maximize revenues at the airport through its advertisement space without showing favoritism toward social, religious and political issues.

"These are two different issues," Vassiliadis said. "This is an advertising policy for revenue-generating purposes and has nothing to do with displays. The spirit of the policy is for revenue-generating opportunities."

After Grutzmacher finished attacking the policy, Gary Peck, executive director of the American Civil Liberties Union of Nevada, stepped in.

Peck called the policy vague and unconstitutional and warned the commission that if it passed, the county would be taken to court.

"I assure you it will be a mistake," Peck said. "I assure you it will be challenged legally and I assure you it will not withstand that legal challenge."

He questioned wording in the document that said the county will not accept advertisements that may be offensive to travelers or that may glamorize for minors products like tobacco and alcohol.

Peck said the selection process is subjective and if airport officials feel an advertisement is offensive, the applicant has no recourse.

"Our concern is that the policy on its face seems to give airport officials virtually unbridled discretion to pick and choose based on content and product and the service being advertised," Peck said.

"What commercials ads are acceptable and what are not acceptable, you can see some judgements are extraordinarily subjective. No alcohol, no tobacco, but nary a word about gambling."

Peck also questioned the county's argument that the airport is a government building that should be run like a business and, therefore, should not sponsor religion.

"If that is the reason (Grutzmacher) is being denied, that is perplexing in a county where denominational public prayer is allowed at government meetings," Peck said.

Commissioner Bruce Woodbury asked airport staff to work with Peck and the ACLU to make sure the policy is indeed constitutional.