LV to appeal Fremont ruling

Friday, July 11, 2003 | 9:13 a.m.

Las Vegas will appeal the 9th U.S. Circuit Court of Appeal's recent decision that declared the Fremont Street Experience is public, not private, property and that leafleting within it cannot be prevented.

Las Vegas Mayor Oscar Goodman announced Thursday the decision to prepare a petition before the entire 9th Circuit.

"We're hoping to reaffirm that it is a commercial enterprise complex, and not a street," Goodman said.

But Allen Lichstentein, counsel for the Nevada Chapter of ACLU -- one of the plaintiffs in the case -- said he didn't think the court would grant the city its request.

"Whether something is a public forum or not does not have anything to do with whether it is good for business or not," he said. "If the criteria is that the First Amendment exists if it is good for business then there would be no First Amendment."

The mayor said that asking all the judges to reconsider a decision is a rare occurrence.

"We want the entire court to hear the case ... it's a pretty heavy experience," he said.

Las Vegas City Attorney Brad Jerbic said his staff will have the petition ready by Wednesday, the 14-day deadline after the decision was announced.

Jerbic said the case was important because a private company can manage the Fremont Street Experience better than the city and protect its viability as a business and a source of 20,000 jobs.

He said the appeal would not cost taxpayers any additional money.

"We're here whether you're paying us or not," he said. "We might as well be doing this for you."