Editorial: Putting free in Fremont St.

Saturday, Nov. 4, 2006 | 7:26 a.m.

Why is it that not enough people in power in the Las Vegas Valley seem to understand the First Amendment?

We ask because on Oct. 20 a panel of the 9th U.S. Circuit Court of Appeals issued yet another ruling finding that what happens here doesn't stay within the bounds of the U.S. Constitution.

The three-judge panel once again told the folks at the Fremont Street Experience that their wide-open expanse is a public space and open to people who want to pass out leaflets or get on their soapboxes. That's not happy news for the Fremont Street Experience, which wants to have it all - it wants the area designated as private property even though it carries a designation as a local park (the latter helped it obtain public funding).

Unfortunately, we doubt this will be the end of the issue. The Fremont Street Experience has been fighting this for several years, and we expect it will continue.

The court noted other cases from Southern Nevada - the Venetian's attempt to kick protesters off the sidewalk and a county ordinance that tried to keep the Strip free of people handing out leaflets. Courts have found those to be violations of the First Amendment.

You would think those in power would get it by now, but they haven't, as evidenced by the Las Vegas City Council's summer of discontent with the homeless and the ordinances put in place to sweep them out of the parks.

Of course, the court points out that this isn't just an issue in Southern Nevada.

"Las Vegas is not alone in its efforts to reinvent a historically public space and its subsequent attempt to limit free speech where First Amendment activities formerly proceeded unhindered," the court noted.

While Las Vegas may not be alone, it certainly seems to be a sad epicenter.