Supreme Court might get fight over Fremont St.

Sito Negron

Thursday, Sept. 11, 2003 | 9:30 a.m.

The Las Vegas City Council on Wednesday is to consider asking the U.S. Supreme Court to uphold the city's restriction of free speech at the Fremont Street Experience.

The council is expected to appeal a decision by the 9th U.S. Circuit Court of Appeals that struck down the city's ban on such activities as commercial leafleting and proselytizing in the downtown area. The city is claiming that its investment in the Fremont Street Experience, as a key to downtown renovation, allows it to regulate such activities.

However, the appellate court in San Francisco decided in July that the city's $70 million investment, which included closing the street to vehicle traffic and adding the canopy above, did not change Fremont Street's designation as a public place. The city had declared the concrete and asphalt area a public park to allow it to qualify for millions of dollars of public money.

The city ban was challenged by the Nevada American Civil Liberties Union. Gary Peck, the group's executive director, said if it does go to the next step -- the U.S. Supreme Court -- he expects the appellate court's decision to be upheld.

"The public's First Amendment rights will be vindicated," he said.

The legal battle has been under way for about six years, since a group of security guards from the Fremont Street Experience, operated by a consortium of downtown casinos, forced anti-nuclear demonstrators and religious activists off the street.

"The comments by city leaders seem to suggest that free speech is an afterthought and all that matters to them is propping up downtown businesses," said Peck. "I wish they were as concerned about free speech as they were propping up downtown businesses."

Councilman Lawrence Weekly, whose Ward 5 district includes the north side of Fremont Street, said he'd wait and see what the city attorney recommends.

"We're dealing with so many other issues with downtown and its perception, and the last thing we need now is another negative," Weekly said.