Editorial: City versus free speech is hopeless

Monday, July 7, 2003 | 8:55 a.m.

The city of Las Vegas should know when to quit when it comes to opposing public expression on Fremont Street. A ruling last week by a three-judge panel of the 9th U.S. Circuit Court of Appeals cannot be any more clear: Fremont Street is a public forum. The ruling specifically applies to the portion of Fremont Street the city redeveloped and included in its Fremont Street Experience attraction.

Seeking to create an area downtown exclusively devoted to entertainment -- laser light shows, gambling, striptease joints -- the city appropriated a portion of Fremont Street in 1995 and provided the private Fremont Street Limited Liability Corp. with millions in public money to develop it. The city promptly passed ordinances redefiningthat portion of the public street as private and restricting the behavior of people using it -- no solicitation, no handbilling, no demonstrating, no political speech aimed at passersby. People were free to privately enjoy the new attractions but were not free to gather signatures on petitions, distribute literature, or in any way express themselves in a public manner.

Of course, the city ordinances violated the First Amendment and were quickly challenged in court by the American Civil Liberties Union of Nevada and other groups that had sought to peacefully advocate a cause but were driven off by police and security officials. In 1997 a U.S. District judge acceded to many of the ACLU's points but nevertheless ruled that the redeveloped portion of Fremont Street was not a public forum. The 9th Circuit's three-judge panel overturned that ruling, declaring unequivocally that it's a public forum open to First Amendment activities.

City Attorney Brad Jerbic said he will advise the City Council of its options in light of the ruling. As we see it, there is only one option -- to live with it. Last year the U.S. Supreme Court refused to hear an appeal of a similar 9th Circuit opinion, one which ruled that sidewalks in front of Las Vegas hotels are public forums. In our view, the highest courts have ruled on this issue and it's time to stop using the taxpayers' own money to silence them.