Mayor, ACLU duel over meter ads

Friday, Nov. 8, 2002 | 9:28 a.m.

Las Vegas Mayor Oscar Goodman, a noted attorney, disagrees with the opinion of the Nevada chapter of the American Civil Liberties Union that the city cannot moderate what kind of ads appear on parking meters.

After his weekly news conference Thursday, Goodman said he believes the city would not be legally responsible if a private entity that won the parking meter ad contract Wednesday decides not to sell space to adult-oriented businesses on three-sided modules attached to city meters.

He also warned that any ads deemed improper would result in termination of the contract the city awarded to Embeck Advertising, owned by longtime Las Vegan Scott Allan.

"This is an arm's length contract," Goodman said, meaning as an independent contractor, Allan -- not the city -- is responsible for decisions such as determining what ads will be accepted.

The battle eventually could grow to include a city revenue-raising plan designed to identify new advertising venues including city vehicles, Goodman said Thursday.

The ACLU says the city cannot indemnify itself on the parking meter issue by saying the ball is in Allan's court.

"It's like a situation where people are protesting in front of City Hall and the city hires a detective company that decides to go out and beat up the protesters," ACLU attorney Allen Lichtenstein said. "The city cannot say 'we are not responsible -- that was a private company that did it.'

"When it comes to use of public property, the city cannot stand in judgment as to what is acceptable. I can assure you any lawsuit will include the name of the city, the names of the City Council members and the name of the company."

Goodman said the contract is written in such a way that the city can -- and would -- terminate it if Allan posts ads that are offensive, adult or otherwise.

"If some Commie were to advertise on a parking meter 'Don't Go to the Veterans Day Parade,' we'd terminate the contract," Goodman said, noting that an image of a "nude man reclining" also would be inappropriate for meter advertising.

During his weekly news conference, Goodman said the city did not tell Allan he could not accept certain kinds of ads. Allan has said the idea to not solicit adult ads was his, not the city's.

"I feel I'm sort of between a rock and a hard spot here," Allan said. "I'm putting up all of the money and taking all of the risk by leasing the space. The meters may be public, but the modules will be mine. Don't I have any rights to decide what I want to do with my own property?"

Allan said he canvassed potential clients to determine feasibility. The response was so good, he said, "I did not see a need to solicit the adult businesses. I think we have a great product to serve traditional businesses in advertising their services."

Under the contract, Allan will pay the city $6 per parking meter per month. He initially will be allowed to place his ad boards on the 1,200 meters on the streets but not in metered lots or garages.

Lichtenstein said courts have held for plaintiffs in cases involving news racks on city streets and other attempted restrictions by municipalities.