ACLU says MGM intimidated participants in vigil for homeless

Jace Radke

Wednesday, July 25, 2001 | 10:24 a.m.

The American Civil Liberties Union of Nevada is accusing the MGM Grand of using aggressive, intimidating tactics to infringe on the First Amendment rights of a group of homeless advocates holding a vigil in front of the resort.

The advocates were told by MGM security to stop handing out leaflets, said Gary Peck, executive director of the Nevada chapter of the ACLU and one of the coordinators of the vigil.

A spokesman for MGM MIRAGE said that security guards talked to the group but didn't hinder the protest.

"From what I understand from the head of security, we let them know that it was private property, and they agreed not to hinder people from going inside," MGM MIRAGE spokesman Alan Feldman said.

David Buer, a Franciscan brother, was among a group of about 20 homeless advocates that held a vigil at the MGM on Tuesday to call attention to the needs of the homeless population. The group had signs and leaflets calling for funding to reopen the temporary shelter at MASH Village to offset the loss of beds due to construction at Catholic Charities.

The group called for the MGM to be the leader in helping to support the shelter, Buer said.

The vigil began at 9 a.m. and lasted for eight hours, Buer said.

"The ACLU was there for the first hour, and we talked with security and there didn't seem to be a problem," Buer said. "Then our ACLU lawyer friends left, and about an hour later security came out and said that they had had a complaint from a customer that we were handing out leaflets too aggressively.

"They asked us to move from the corner of Tropicana and Las Vegas Boulevard, and not to hand out the leaflets."

Buer said the advocates were not aggressive and that he called ACLU attorney Allen Lichtenstein after being approached by security. Lichtenstein arrived at the MGM within the hour and talked to security and one of the resort's lawyers, Buer said.

Peck said that the incident is particularly frustrating considering the recent 9th U.S. Circuit Court of Appeals ruling against the Venetian, upholding the Culinary Union's right to protest on sidewalks deemed to be public thoroughfares, whether or not they are on private property.

"If this matter cannot be resolved amicably, and if Mirage does not read the Venetian ruling and acknowledge the public's rights, it's sad to say that we'll wind up in court in litigation," Peck said.

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