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Steve Marcus / Sun File Photo
The intersection of Fremont Street and Las Vegas Boulevard shows Neonopolis and the Fremont Street Experience. Neonopolis was part of a 10-year renovation program for the downtown area.
Published Tuesday, Aug. 17, 2010 | 8:53 p.m.
Updated Wednesday, Aug. 18, 2010 | 1:06 p.m.
Las Vegas City Attorney Brad Jerbic asked the City Council on Wednesday for a two-week abeyance on an item that would create “free expression” zones on the Fremont Street Experience. At their meeting, the council unanimously agreed to the continuance.
The city’s proposed ordinance on Wednesday’s agenda would prohibit certain activities at the Fremont Street Experience, such as using megaphones, throwing objects into the air and using Hula-Hoops.
The ACLU of Nevada has spoken out against the proposed ordinance, saying it violates First Amendment rights.
During the city’s Recommending Committee meeting on Aug. 3, Jerbic gave a presentation about the history of the Fremont Street Experience. He presented several videos that showed protest, entertainment and advocacy activities that interfered with businesses on the street.
During the same meeting, ACLU of Nevada General Counsel Allen Lichtenstein presented a letter with a clear message: If the city passes this ordinance as-is, it will sue.
“The proponents of Bill 2010-31 claim that it imposes ‘reasonable time, place and manner’ restrictions on protected expression,” the letter said. “However, merely calling an ordinance a ‘reasonable time, place and manner’ restriction does not make it so.”
Lichtenstein said that during the past 13 years, the ACLU has fought the city numerous times about free speech rules at the Fremont Street Experience. He said he is confident the ACLU would win a case against the city if the ordinance is passed as presented.
Jerbic plans to ask for the continuance because there are ongoing discussions between the city and the ACLU, Radke said.
Lichtenstein said the ACLU has been talking with the city. Lichtenstein said he hopes during the next couple of weeks, they’ll be able to reach an agreement.
“Hopefully, we will make progress to the extent that the city will pass something that we won’t have to challenge in court,” Lichtenstein said. “The idea that you can create free speech zones on a public forum isn’t going to fly constitutionally.”
The final vote is scheduled for the city’s Sept. 1 council meeting.
Go ACLU those Casinos are the worst corporate goons in the world. One comes before two doesn't. That first amendment is getting pretty beat up this week.
During the meeting he presented several videos that showed protest, entertainment and advocacy activities that interfered with businesses on the street.
+++++ ...If memory serves, the history is it is a public street converted to a public thoroughfare. Seems the entire area is a "free expression" zone. But who would want to allow free speech to take precedence over profits?
What is so bad about '...certain activities at the Fremont Street Experience, such as using megaphones, throwing objects into the air and using Hula-Hoops', to make the city attorney to prohibit such actions?
I mean: let the clowns do their work on the streets. Do not prohibit the women wearing those fantasy dresses in front of the Little Mermaid's doing some Hula-Hoops when trying to drag some tourists in. Vegas has always been being a great show, even on the streets.
A free expression (speech) zone implies the rest of the area is a freedom of speech restricted area. Does anyone not know the courts will not allow this? The entire exercise is a waste of time, money, and kills the reputation of the city (scratch that last one, sorry).
I for one want to "allow free speech to take precedence over profits."
Have we all gone mad in the United States? The idea that we should sacrifice the first of all of our basic rights in this country so some company can possibly make a profit is absolutely shocking. Has it really come to this?
I saw a gentleman expressing his freedom by relieving himself on an alley wall by the Fitzgeralds. God Bless America!!!
I guess it's more important to let anyone do whatever they want on Fremont Street.
Because free speech is far more important than free enterprise and trying to turn an economy around in Las Vegas. That's what makes America so great.
Whatever will happen, this will go back and forth in the courts. And the only ones that will make out are lawyers, judges, court reporters and other court employees. And this has been the case for years now.
If you can't provide an environment that will ensure that tourists will feel comfortable and want to patronize, why even have Fremont Street?
The rabble will end up taking over. And tourists will go elsewhere.
After all, hula hoops and sword swallowers are far more important than tourists and gamblers. I guess our priorities are skewered around and down is up and up is down in Las Vegas nowadays.
I think that whole ugly canopy and pedestrian mall should be SCRAPPED and return Fremont St. to the bustling two way traffic causway it used to be!!
When they draft an ordinance to create speech-free zones and call them free speech zones, you know there's a problem.
If they're so concerned about eliminating unsightly obstructions and creating a decent experience down there, they first need to create commercial-free zones and get rid of the ugly, obtrusive, and annoying kiosks.
If the casinos could make money from free speech, we would have barrels of it!
My god! What do we pay these idiots? What a waste of taxpayer dollars! Aren't there more important issues facing Vegas right now? I tell you, when it comes to putting morons in office, Nevada has no equal!
Leave it up to the ACLU to sue over something such as this, when they won't go near anything of real significance. My wife was fired from her job for getting old and having to have both knees and one hip replacement due to her job. When she contacted them, she was basically told that this wouldn't have the media attention and so therefore was not of any interest to them. Interesting it seems to be more about being media junkies than it is actual civil liberties. Typical either it's 15 minutes of fame or how much money can we fleece from people to support not important issues. Or maybe if it involves real work it just can't be done, wouldn't want to over work the over-educated and under-intelligent people of the ACLU.
Colin, you don't think those street performers are out there to make money too?
Everyone respects our Constitutional rights to freedom of speech, including hotel-casino owners. The distinction is between freedom of speech or expression, and freedom of commerce. The street people making money on the Strip and on Fremont Street don't have a business license, don't pay taxes and are creating an unpleasant nuisance that is harming tourism. No one visiting our city wants to be harrassed by these people.
Freedom of expression occurs everyday downtown when bums fight over who gets to hustle from what corner/location. Downtown has so many issues greater than this. Come on now.
Check out my always entertaining LV blog:
http://jimmyhoofa-lv.blogspot.com/
I do not like the smell of the paint.I know they have fan and things but when I pass by I feel and smell like paint.