ACLU files motion over Fremont Street handbills ban

Friday, Nov. 26, 1999 | 12:08 p.m.

The American Civil Liberties Union has filed a motion in federal court seeking to hold the city of Las Vegas and the operators of the Fremont Street Experience in contempt of court for allegedly harassing handbill distributors.

The complaint filed Wednesday in U.S. District Court claims that the Fremont Street Experience should be held in contempt for violating court rulings that in effect prohibit cities and counties from enforcing ordinances that halt the distribution of handbills that promote freedom of speech.

A Las Vegas city ordinance that does not allow the distribution of written materials at the Fremont Street Experience also prevents groups from handing out leaflets that solicit support for their organizations or ask for money.

"People who wish to exercise their rights to pass out leaflets at the Fremont Street Experience are informed by signs, hand cards and verbal warnings from the police and ... security personnel that they will be arrested for such activity," the motion submitted by ACLU attorney Allen Lichtenstein says.

"The defendants have willfully disobeyed this court's order of April 24, 1998, and continue to do so."

The suit includes affidavits from people who attended an Oct. 22 protest against police brutality and a Nov. 9 protest against nuclear testing, both held at the Fremont Street Experience.

The affidavits say the protesters were approached by Fremont Street security guards regarding their distribution of leaflets.

An affidavit from protester Sarah Anderson said that on Oct. 22 both security officers and Metro Police told her they were unaware of any court order that allowed them to distribute literature.

The Fremont Street canopied tourist attraction is built around public streets, but has been defined by the courts as a "non-public forum."

The ACLU is joined in its court action by the Unitarian Universalist Social Justice Committee and the Shundahai Network.

Attempts to reach a Fremont Street Experience Limited Liability Corp. spokesperson Friday were not successful because offices were closed for the Thanksgiving holiday.

However, in a recent Sun story on the handbill issue, Mark Paris, the Fremont Street Experience president and a defendant in the ACLU suit, said he was confident his workers are acting in accordance with recent court decisions.

Paris said his security and maintenance people are regularly schooled by the Fremont Street legal staff and follow the orders received by the courts.