County tries again to curb Strip smut

Adrienne Packer

Wednesday, April 21, 1999 | 10:50 a.m.

Clark County is taking another shot at creating a constitutional handbill ordinance despite Tuesday's boisterous, but expected, protest by the American Civil Liberties Union.

Commissioners voted unanimously to hold a public hearing and perhaps adopt the newest law banning "off-premise canvassing" on May 4. The term refers to people who thrust handbills, often pornographic, at people as they walk along Strip sidewalks.

Weary after years of haggling with the county over First Amendment rights, Gary Peck, executive director of the Nevada ACLU, recalled his presentation to the board before the last ordinance was approved in 1997.

In August that law was deemed unconstitutional by the U.S. 9th Circuit Court of Appeals, which said the language was too broad and suggested creating an ordinance that sets time and place restrictions on distributing handbills.

Peck said the ordinance introduced Tuesday is as unconstitutional as the last. Words simply have been juggled around, he said.

"I told you then this ordinance will not fly and I am telling you again and you can choose to ignore me again," Peck said. "If it passes, it will no doubt be challenged again and no doubt be thrown out again." County Commission Chairman Bruce Woodbury was the only commissioner to offer an opinion on the proposed law.

"In my interpretation we're trying to find reasonable means to regulate the aggressive, in-your-face commercial handbilling," Woodbury said.

The ACLU has maintained that it is the public's constitutional right to use sidewalks as a forum, and that includes handing out pamphlets advertising sexually oriented businesses.

The civil rights organization filed a lawsuit last week against the county after district attorneys refused to order the removal of signs that prohibit the handbills.