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Published Thursday, July 29, 2010 | 2:24 p.m.
Updated Friday, July 30, 2010 | 3:45 p.m.
Sun Coverage
CARSON CITY – In a 3-0 decision, a federal court has refused to reconsider its decision that upholds the Nevada law banning advertisement on prostitution.
The ruling struck down efforts by two newspapers and a Nye County brothel to continue their efforts to void the law prohibiting advertisement of prostitution across the state.
It said no further petitions for a rehearing or a hearing by the full U.S. Ninth Circuit Court of Appeals will be considered.
Bobbi A. Davis, operator of the Shady Lady Ranch in Nye County, could not be reached for comment. A spokesman at the house of prostitution said it has not seen the order.
Allen Lichtenstein, an attorney for the American Civil Liberties Union who took the challenge to the state law, said he was surprised by the decision of the panel of judges.
He said the ruling goes against precedent of the U.S. Supreme Court in cases involving gaming, cigarettes and alcohol. He said these things like prostitution are legal in Nevada and commercial free speech should be allowed.
He said there are still legal opportunities open but added he has not talked with his clients what they want to do.
The judicial appeal panel In March rejected the argument that the statewide ban violates the First Amendment of free speech.
Also bringing suit besides Davis were the High Desert Advocate and Las Vegas City Life.
Brothels are banned from advertising at all in counties where the sale of sexual services is prohibited by local ordinance or state statute. In counties where the sale of sexual services is permitted, brothels cannot advertise in any public theater, on the public streets or on any public highway.
When the initial decision was issued in March, Miss Davis said her legal brothel was being punished by a state ban on advertising while “the illegal trade goes hog wild in Las Vegas,” where prostitution is banned.
The suit was originally filed in 2006 on grounds the state law was a violation of free speech. U.S. District Judge James Mahan voided the law on grounds the state did not offer any compelling interest in support of the policy. But the panel of the appeals court upheld Nevada’s law.
CORRECTION: This story has been corrected. In an earlier version, the voted was listed as 2-1 and that Judge John Noonan favored reconsideration. Noonan voted with the other two judges, making the decision unanimous. | (July 30, 2010)
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I'm so glad this happened. The last thing we need is more immorality being shoved in our faces.
True patriots fight for freedom of expression, no matter how immoral it may seem to others.
To be honest, I have a problem with about 50% of others' viewpoints, advertisements, and expressions I see every day. But, I continue on and respect their right to live their life the way they see fit if it brings no harm to anyone. Legal prostitution does not harm anyone.
One thing that made our country great in the past was non-judgmental freedom. Now, sensitivity has crippled our country.
"...there ought to exist the fullest liberty of professing and discussing, as a matter of ethical conviction, any doctrine, however immoral it may be considered." -John Stuart Mill
This is a Christian Nation, whether you like it or not. We do not need to have filth shoved in our face every time we get in our cars. A true patriot takes a stand when he sees something is destroying the country he loves.
Will this get rid of the illegals shoving the cards in your face advertising for the whores when you walk down the strip? I hope so.
Does this mean the smut racks around the valley and schools streets and parks will be removed boy i sure hope so
If you don't think legal prositution creates victims than you might want to open your eyes.
STD's in foregin countries where prostitution is legal have increased because only the prostitute is checked for STD's; not the John. There are a lot of men who pay for sex because women won't sleep with them due to their "infection".
More than 70% of legal prositutes claimed ot have been raped at least once during a "visit".
Ignorance.
The handouts on the stip are not advertisements for "prostitution" (wink wink)....even though we all know they are.
Also, concerning the 1st amendment, commercial speech is not 100% protected. Governments have always been able to create laws restricting commercial speech as long as there is an important governmental interest to do so.
70% of legal prostitutes have not claimed to have been raped. Rumors and rumors is all. Do some critical thinking and unbiased research. Where did that "statistic" actually come from?? Can you source it?
And I'm sorry for those of you who believe this nation is bound by YOUR religion and only yours. This nation isn't as Christian as you think it is. Read the statistics measured by the ARDA.
Additionally, what is moral in one religion may not be in another. So set religion aside if you want to debate. Religion causes wars; brothels don't cause wars.
What a load of garbage! You see numerous trash advertising in all the papers and magazines and billboards for illegal Escort Services here in Las Vegas all the time! That's because there is the "trickle down effect" with prostitution here in Las Vegas. The 500 Phone book pages, Taxi driver, doorman, bartender, VIP hosts and the lists go on and on and on as to who makes money on the Illegal Prostitution here. You can bet your bottom dollar those out-call and escort services make a whole lot more money than those small (privately owned) LEGAL Brothels.
As far as being immoral-are you kidding? There is no such thing as a SIN! These are man made laws from the beginning of time. Each new year there are more and more laws, rules and regulations that come into play each year for the American people than should be categorized as a "SIN". When I see how Las Vegas is financially draining itself, now that IS a SIN! People wake up!!
When Las Vegas was in its infancy, LEGAL BROTHELS were here to stay, they were the staple for the men who worked in "crappy lonely jobs" on the dam, etc., and they should have stayed put! But, oh, no, religion came into play, and all of these people who moved here wanted to make more new rules and give them a title "SIN"!
Prostitution is the world's oldest profession, and one that will always be needed in an ever changing society. What gives smoking, alcohol, and marijuana any more rights! They sure get to advertise and then some!! Aren't all of those considered a "SIN?" Please, it's just more money in the hands of the "big kahuna."
The courts we have in this state couldn't make a good decision if they tried! Sure, let all the Escorts have their rights and flash you their Postcards walking down Las Vegas Blvd., Oh! and the Moving Billboards with "HOT SEX" "Girls for only $29.95, call now!" But, advertising for something LEGAL and SAFE? Oh! No!
This is another reason we need to get Harry Greed out of office. He is a beacon of immorality in this state. He wants this to be a state full of illegals.
But corporate political speech can pretty much wallpaper the whole planet.
Who cares if they band it, you can find a escort, hooker,alcohol and drugs on every street corner.
This is Sin City!
Permit it, regulate it, tax it. What's the problem here?
You dont have to advertises something that sells its self.
Chunky says:
No law has ever shut down legal or illegal prostitution and neither will this.
Also, Chunky thinks the State and Federal government should keep their noses out of the people's business and especially out of small business!
That's what Chunky thinks!
Prostitution should be legal everywhere anyway,...tax it, clean it up and let it go.
So True_Patriot, as a True_Patriot you have no problem exposing others to your Christian Values and expecting them to feel the same way as you even if they don't have the same beliefs as you?
When "They" come for you be sure to call a Patriot to save your from "Them". ;-)
"...Miss Davis said her legal brothel was being punished by a state ban on advertising while "the illegal trade goes hog wild in Las Vegas," where prostitution is banned."
That's what one gets for trying to live within stupid laws. Speaking of stupid --
"The last thing we need is more immorality being shoved in our faces."
"This is a Christian Nation, whether you like it or not."
True_Patriot -- where to begin with a cracker like you? First, pay attention to the counterpostes from SaveLasVegas and vegaslee, they got you covered on the first point.
Second, it takes incredibly ignorance to state that. This nation has christians in it, and they are free to exercise their religion just like all the non-christians. If you're implying this country was founded as christian you are completely wrong.
"As the government of the United States is not, in any sense, founded on the Christian religion . . . The United States is not a Christian nation any more than it is a Jewish or a Mohammedan nation." -- Treaty of Tripoli (1797), carried unanimously by the Senate and signed into law by President John Adams
Prostitution should be legal everywhere in Nevada anyway,...tax it, clean it up, let it go and enjoy. I have a feeling it would solve part of the money crunch...
How do you advertise on prostitution? Wait until they start going at it, then slap a logo on her butt?
Yet political campaigns advertise away?
FWIW:
A state law prohibiting the advertising of brothels in counties which have outlawed prostitution was enacted in 1979. It was promptly challenged on First Amendment grounds and the Nevada Supreme Court declared it to be constitutional in 1981. (Princess Sea Industries, one of the parties involved in the case, was Plankinton's company that owned the Chicken Ranch.) In July 2007 the law was overturned by a U.S. District judge as "overly broad" and advertising in Las Vegas started soon after. The district judge's decision was reversed by a 3-judge panel of the U.S. Ninth Circuit Court of Appeals in March 2010. The ACLU has appealed to the full Ninth Circuit Court.
201.430. Unlawful advertising of prostitution.
1. It is unlawful for any person engaged in conduct which is unlawful pursuant to paragraph (b) of subsection 1 of NRS 207.030 (which states it is unlawful to offer or agree to engage in, engage in or aid and abet, any act of prostitution), or any owner, operator, agent or employee of a house of prostitution, or anyone acting on behalf of any such person, to advertise the unlawful conduct or any house of prostitution:
(a) In any public theater, on the public streets of any city or town, or on any public highway; or
(b) In any county, city or town where prostitution is prohibited by local ordinance or where the licensing of a house of prostitution is prohibited by state statute.
2. It is unlawful for any person knowingly to prepare or print an advertisement concerning a house of prostitution not licensed for that purpose pursuant to NRS 244.345, or conduct which is unlawful pursuant to paragraph (b) of subsection 1 of NRS 207.030, in any county, city or town where prostitution is prohibited by state statute.
3. Inclusion in any display, handbill or publication of the address, location, or telephone number of a house of prostitution or of identification of a means of transportation to such a house, or of directions telling how to obtain any such information, constitutes prima facie evidence of advertising for the purpose of this section.
4. Any person, company, association or corporation violating the provisions of this section shall be punished:
(a) For the first violation within a 3-year period, by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment.
(b) For a second violation within a 3-year period, by imprisonment in the county jail for not less than 30 days nor more than 6 months, and by a fine of not less than $250 nor more than $1,000.
(c) For a third or subsequent violation within a 3-year period, by imprisonment in the county jail for 6 months and by a fine of not less than $250 nor more than $1,000.
http://en.wikipedia.org/wiki/Prostitutio...
http://groups.wfu.edu/prelaw/vegas/revst....
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wish they would ban church adverts I hate GOD being pushed into my face, I don't need it..
Las Vegas should legalize prostitutes and collect taxes, it would be more bountiful than churches which give back very little money to the community, I can think of many church leaders driving around in $200,000 cars
If you are old enough to have sex, then the government should stop interfering.
what is wrong with an advert if we are supposed to be a free country, bit by bit they take away the freedom of people, while allowing the country to go bankrupt
i can actually think of more cases in the name of god or religion where people have been killed, some examples
Northern Ireland
Texas
India
Pakistan
Ghana where they beat children in the name of god thinking they are witches
This list goes on and on in the name of god as an excuse to fight and kill people, when did you last see this in prostitution?
God fearing people have more to fear from the church which takes money from them and does what? promotes itself to take more money.
How about this an expose in London UK found churches taking a 1000 english pounds from people to torture their children in the name of god, this is pure evil.
It is Churches who have too much power and too much influence on states and government, this is a hidden issue which one day will surface, much like the russian spies, but once the church takes over, you won't have science, you won't have evolved from apes, etc etc
It feels like communism is taking over the USA
another point is I lived through the IRA, SInn Fein battles and bombs placed in areas, we had to be searched all the time, it was not safe to travel to certain areas or you took your own life in your hands, all this because of religion, yet I have never seen troubles on this scale because of prostitutes, seeing the odd girl hanging round the street corner when i was younger didnt damage me, what did damage me was the religious battles, it makes you wary for the rest of your life.
What delicious irony. It's illegal to advertise legal prostitution in Las Vegas, but it's legal to advertise what realistically amounts to illegal prostitution.
If the Nevada Brothel Association decided to support Sharron Angle, would she accept their money?
Ponderous man, really ponderous..
:-)
Brown_Eyed_Girl -- don't you mean the opposite? Get some coffee in you and try again, Girl
There isn't a block in Las Vegas without advertisements for illegal prostitution. What's the difference?
Since it is not legal to gamble in Boulder City is it legal to advertise gambling there?
"Las Vegas should legalize prostitutes and collect taxes, it would be more bountiful than churches which give back very little money to the community, I can think of many church leaders driving around in $200,000 cars
If you are old enough to have sex, then the government should stop interfering." --markup
Doesn't "legalized" prostitution enhance government interference between consenting adults?
Of course it does -- any vice hosting regulations, licensing, etc. requirements which generates revenues to any government body and/or agencies merely results in the government "pimping" the behavior.
BTW: You'll be happy to know that my sources in the midwest indicate a continuation of church closures -- and yes, communism has been taking a foothold in America much to the praised saving of China-mart shoppers helping lift over 400 MILLION chinese out of poverty over the past decade.
Whatever happened to Senator Larry McDonald and the Western Goals Foundation anyway?
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OK OK ,, Now get the locals busy In the city And stop the prostitution going on rt under there noses, MAybe if someone got MAD enought they will work on stoping the card flippers on the strip, Promoting Prostitution
But then again it is Las Vegas , If it dont line the pockets of a few nothing gets done
By tallison46
July 29, 2010
7:32 p.m.
Suggest removal Prostitution should be legal everywhere in Nevada anyway,...tax it, clean it up, let it go and enjoy. I have a feeling it would solve part of the money crunch...
I agree with tallison46 (above)and on top of that make weed legal Money tro in Nv. will be something of the Past <> Providing U (we) can keep the politics out of it ,U/no the pocket liners
Brown_Eyed_Girl
good point
I agree the religions need to keep their nose out of politics. Who are they speaking for all of us! They should keep to their own flock and stop making moral decisions for other people. I find it interesting how all of the other counties in Nevada have it legalized and there is no great moral or social downfall. If these people are worried about illegals swarming the area they have missed the boat that has already happen in this country. This country has been ruled long enough by the Moral Majority!!! and see where we are today. What Clark county has to do is put it to a vote by the public in that county do they want legal prostitution let the people voice their opinion!!!
Hey, sandy_astroglide, I could show you lots of advertising flyers in my new martial arts center's mailbox every day, so I have to remove them all, before the young guys and the underaged kids can get them at hand. Great ban.
Legalize it period. Those who concern themselves with what consenting adults do in private need to get a life.
Hypocritical... Escorts [=illegal prostitution] advertise in phone books, trucks driving on the Strip, those annoying cards that are being handed out 24 hrs/day, 'girl in your room in 20 minutes newspapers' etc. etc.
Judges are not in touch with reality, apparently livinging a dream world. Legalize it everythwere, tax it, inspect health etc. like everywhere in the world.
That might even turn around Vegas economy and tourist numbers. :)
just make it legal put it downtown and just end it! people are looking for it and it happens all the time. just think of the headlines it would bring and how horny men who cant get laid will come to vegas on a "biz trip" to get laid? and while they are here they wll stay in a room in vegas and prob go out to eat and maybe even gamble and guess what that would put alot more people to work which would make your home prices go up!
So lets look at the pros and cons of this
Pro
New tax base
safer streets
taking pimps off streets
safer conditions to the working girls via std testing
more jobs for health board to test girls
possibly more tourism to las vegas making new jobs
stops cops wasting time busting girls on the strip and puts them out looking for real crimes
less people in the city jail
cons
sombody who thinks its wrong gets pissed
girl still does it while being forced by pimp and other factors
cops have less to do
lawyers have less defendants on prositution charges
even though i would never go to one of these places does not mean they should not exist. vegas was built on letting people do here what they cant do back home! And its just on the resort part of town not in our backyards. im all for it make it legal its a long time overdue
Let's take Vegas apart piece by piece. Senator Angle will ban the booze. The rest of the jobs will flutter away. Our one-horse town could restart Elvis and Johnny Cash with June Carter, Janis Joplin and John Lennon and still have lotsa rooms wasting away.
So prostitution doesn't fit Disney or Utah. We know that; 'ts why we're here. Not saying it's right. But it's as big a chunk of the action as tables, shows and buffets. We just don't always recall the tiniest of details for the tax boy.
You want draw but you don't want Daria and Debra? Smatta you?
Not saying the practice of letting some slimy stinky drunk slam yer ham for jollies does a soul good.
Not saying the culture is better off with acquiescing to a blend of titillating torture of self-abuse and pleasure for sale in constant clash within a stretched soul.
Just saying that it's OUR baby, Vegas. Pardon the slimey image, butt it greases the skids of Vegas.