Las Vegas Sun

May 19, 2013

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Answers: Clark County:

Change in law would end peddling along Strip’s sidewalks

You know all those water peddlers, considered part of the growing Strip chaos that government and casino officials are trying to fix?

They might be going bye-bye.

Why’s that?

The first change in laws governing activities on the Strip — a committee came up with ideas after meeting several months to discuss Strip problems — will be introduced Tuesday at the County Commission meeting. The change is a simple one: It bans peddling on the public right-of-way, which includes sidewalks.

What if someone sits there with bottles of water, or stands in the hot sun wearing a Spongebob outfit, but only asks for “donations” for water or to take a picture with the sponge? Does that get them around the definition of “peddling?"

Most costumed entertainers already do that: People take pictures with them then give donations. The question is, would a water peddler do it? We think people would see a “donations” sign, take a water and just walk away.

Click to enlarge photo

Handbillers outside the Flamingo just north of Flamingo Road on the Strip pass out cards for an escort service in May 2010.

This won’t end Strip issues. The bigger matter are the card-slappers, those guys who slap card-sized advertisements of near-naked women at passing tourists. Protected by First Amendment free-speech rights, they can’t be driven away.

Will the law address them?

Probably not until a three-month traffic study is completed.

Commissioners agreed in April to spend $581,000 to study pedestrian traffic, something that hadn’t been done in some 20 years. The study will help find bottlenecks — sometimes created by the slappers — that have been known to force pedestrians to walk in the street.

If that’s found to be the case, some slappers could be identified as safety hazards, which might lead to ordinances that cause them to be more spread out on the Strip.

•••

A Las Vegas report on the city’s 4-year-old short-term residential rental ordinance — the so-called “party house” law — is to be discussed Wednesday during the City Council meeting. Thirty cases resulting in 298 inspections by the Code Enforcement Division have taken place since the ordinance’s adoption, the report says.

What does the ordinance regulate?

It is supposed to keep a lid on noise and other licensing or zoning code violations that can result from the short-term rental of homes throughout the city.

What problems did they find over four years?

The report says the most frequent complaint has been “noise and disruption issues, unlicensed properties and on-street parking issues.” Total licensing fees collected over the four years is $16,700. Currently, 37 valid licenses are in effect on short-term rentals; 18 of those are in single-family zoning districts; 19 are in multifamily or commercial districts.

Click to enlarge photo

The first real test of the county's "party house" ordinance, approved in 2010 to curb short-term house rentals, resulted in a $29,000 penalty for a homeowner in the tony Spanish Palms neighborhood.

Any suggestions in the report?

After talking about how other communities around the country deal with short-term rentals — by the way, Clark County and North Las Vegas don’t allow short-term rentals in residential neighborhoods; Henderson allows them only at Lake Las Vegas — three options are outlined:

• Change nothing.

• Eliminate the ordinance and no longer permit short-term rentals.

• Adopt additional licensing standards such as occupancy limits, vehicle limits, additional noise restrictions and a revocation procedure.

Will anything get changed?

That’s a good possibility, given that Councilman Bob Beers says the city continues to have problems and receive neighbor complaints about partying that’s disrespectful of neighbors.

Complaints emerge largely on weekends, he added, when city staff isn’t working.

•••

Expect a larger crowd than usual at Thursday’s meeting of the Southern Nevada Water Authority, as small businesses throughout the valley keep registering shock at their new water bills.

Water customers in May started getting bills with new fees for the fire lines that go into most businesses. Of some $100 million in debt payments the Water Authority needs to make annually, those fire line fees account for about $30 million. Previously, businesses paid nothing for those lines. Now some have seen their bills increase 300 percent because of the added fire-line fee.

Click to enlarge photo

Jim Meservey, a principal of Storage One, points to the total of his current monthly water bills after surcharges Wednesday, May 30, 2012. The figure at left was the total bill for the prior month without the surcharge. Although the business is a low water consumer, the company has seen its water bills double or triple depending on the size of the water meters. In 2016, the surcharges are scheduled to double, he said.

Can’t anything be done now about those bills?

SNWA is putting together a committee to examine the issue and come up with suggestions. But those suggestions wouldn’t likely be put in place until the current round of fee increases end in three years.

Business leaders are meeting and strategizing and will argue that dozens if not hundreds of small businesses will close if something isn't done sooner.

What was the justification for the fees in the first place?

For many years, the Water Authority relied upon connection fees to new homes and businesses to fund most of its operations. That revenue peaked at around $188 million in 2005-06. Then the economy dried up and the connection fees fell to about $11 million last year.

Meanwhile, though, the Water Authority has some $3.3 billion in debt, about $800 million of that due to the third pipeline being constructed 650 feet underground and jutting into Lake Mead. The pipeline is built deeper than two others and is considered insurance against the possibility that an enduring drought lowers the lake below the level of the other two pipelines.

Discussion: 31 comments so far…

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  1. And we need a $581,000 study for that? Please. How about porn, the dirty hands that slap those cards, what a "health issue" that is. They should have to wear rubber gloves and an mask. Water bottles filled from the hose behind a casino, now that could make people sick like the water supplied to the runners last fall. Get it?

  2. There goes Birdiedreamin' prattling on and on again about how the ACLU supports human trafficking, in a story that doesn't mention the ACLU, prostitution, or human trafficking.

    Birdie likes the freedom to squawk her nonsense the 1st Amendment provides her, but doesn't think that those same rights should extend to anyone but her. The ACLU doesn't support human trafficking, the ACLU defends the United States Constitution. And the 1st Amendment was written specifically to protect the free speech rights of human traffickers.

    So, Birdie, are you for or against the United States Constitution? If your against it, what does that say about you as an American? If your for it, well then you support a document that protects the rights of human traffickers. It did when it was written and it does today as well.

    Either way, those girls aren't being drug by their hair through the casino and up to the rooms. They walk and walk out of their own free will.

  3. @kentvegasfan..Sorry, Kent, after reviewing your card it turns out you do not have Bingo. "Have inspectors pick up the discarded handbills and fine the establishments for littering."

    Inspectors? What inspectors are you talking about? Are suggesting hiring even more entitled government workers?

    Establishments? What establishment are you talking about. The cards contain phone numbers only. How do you plan to locate these establishments.

    Fine them for littering? What exactly is the legal precedent you have in mind that allows someone to be fined for the actions of another. The person who tosses the card on the ground is the one littering, not the slappers, not the escort service and not the escort.

    Next time before you pat yourself on the back for providing a solution that was dismissed a impossible 10 years ago, maybe you should try and understand what the real issues are.

    You can't argue the images on the cards are offensive unless you can show that they offend the community standards. You can't argue the cards are not within standards of the community when the guys handing them out are standing right under a sign advertising a topless review.

    Educate yourself Kent. Bingo problem solved!

    @dhenry..." How about porn, the dirty hands that slap those cards, what a "health issue" that is." Why do you assume the "slappers" hands are any more of a health issue than the lady handing out change in the casino?

    " Water bottles filled from the hose behind a casino, now that could make people sick." Were you not aware that most hotel convention areas fill their water bottles up from just such a hose? Now that you are, will you do anything about it?

  4. Frame the law around the use of the sidewalk for its intended purpose: transit. Contra-traffic usage such as peddling, begging and/or impeding the flow of traffic would be prohibited.

    And...require licenses for those who sell, receive donations or otherwise do commerce in public.

  5. @By LaDiDa...."i find is funny that the handbillers don't hang out in front of certain places (wynn, palazzo, etc) but are lined up in front of lower end places...."

    Clearly you don't walk along The Strip Much. While there are no slappers in front of the Wynn, that has more to do with a lack of foot traffic than anything else. There is nothing South of Wynn except for a few closed casinos and two unfinished ones. There is no reason to walk past the Wynn and no place for people to be coming from.

    And there are slappers in front of the Palazzo/Venitian.

    And BushDepression, where exactly are they selling sex on the sidewalk. I have never seen sex on the sidewalk. Not once. Well, I have seen Metro screw people's civil rights, but I don't think that's what you meant.

  6. Heyyyyy Birdie, neither alan lichtenstein, nor the ACLU are the subject of this story. Why do you bringing them up/

    "do all prostitutes and escorts do so of their own free will???
    we all know the answer to that question is "no"..."

    I'm all ears if you can provide any evidence that a single girl who responds to a call to a number on those cards has walked through the Casino voluntarily, that despite all the security guards she could request help from, she chooses not to.

    But remember that if you believe that all prostitutes are victims of human trafficking, then you support human trafficking as well. You support it both financially and politically.

    And how many jobs are you talking about? Don't you get that if handing out those cards wasn't an effective way to get customers, they wouldn't do it. So the concept that tourists don't like it is not valid. that despite what you want to believe,

    You may not like the notion, but some men, just like your husband, are in the market for the company of a prostitute. If your puritanical disgust towards sex prompts your man to seek out a call girl, then you are indirectly supporting human trafficking.

  7. Well that's great news , stop the dogs , stop the peddlers , but ya just can't stop those annoying card carrying smut guys and you never will. To heck with the ACLU excuse ,the politicians are most likely being taken care of by the vendors responsible for the smut card guys. As long as we have corrupt public servants the smut will stay on the strip.

  8. Name One Other Major City where this behavior is allowed and I'll show you Incompetent Politicians.
    I'd would not only ask our politicians to study these other cities, I'd wish they would move there and let some sanity take over here.

  9. Dhenry -- peddling is the basis of all commerce, and the problems you whined about are cured when people just say "no" to offered cards, water, etc. Not all of us wish government to be our nanny and wipe our noses. "Get it?"

    "And the 1st Amendment was written specifically to protect the free speech rights of human traffickers."

    clarkcountycrimcop -- more ignorance from one who provides a handle here as being an actual cop. You couldn't be more wrong about the First Amendment. Like the rest of the original Bill of Rights it protects fundamental liberties which long pre-dated this republic and its Constitution. That's basic American history.

    "As long as we have corrupt public servants the smut will stay on the strip."

    fedup2here -- look again. The Strip is built on "smut." And greed and the rest of the Seven Deadly Sins.

    "Name One Other Major City where this behavior is allowed ..."

    newnvres -- this is Vegas, not Salt Lake City. It's an adult playground. "Get it?"

    ====
    Winston - "I hate purity. I hate goodness. I don't want any virtue to exist anywhere. I want everyone to be corrupt to the bones."

    Julia - "Well then, I ought to suit you, dear. I'm corrupt to the bones." -- "1984" Part II Chapter 2

  10. @KillerB...Learn your history. While the Constitution was a collaborative effort, James Madison has always been considered the father of the Bill of Rights. He as well as many of the other framers of the Constitution owned slaves or operated slave-intensive farms. In fact nearly half of the delegates owned slaves. The 1st Amendment was written to protect their free speech rights. They were human traffickers. So.." the 1st Amendment was written specifically to protect the free speech rights of human traffickers."

    @iwonder.."other major tourist centers such as LA, Chicago, NY or South Beach. Why is it only a matter of free speech here in Vegas?" It's all about community standards and economics. Not a single one of those cities has a single avenue that is filled with thousands of pedestrians that are visiting with the intention of exploring their vices, so the market for prostitution in those communities does not support the economic model of handing out cards. In addition, none of those cities have three story billboards of nearly nude women towering over that same road, so they can argue these cards are not in line with their community standards.

    And we could enforce the littering issue, but I don't think having Metro stand around ticketing tourists for littering will go over well, nor is it a good use of their time.

    @MarcWondraIsADolt...Whether or not you're a Dolt remains to be seen. But to answer your question, Birdie funds those who use prostitutes and as such financially supports the industry. Birdie politically supports the 1st Amendment. (see above)

    @BeSafer.."send all card slappers back to Mexico" what makes you assume we can send them "back" anywhere. What evidence do you have that they are not all American born? Have you decided all that just by looking at them. That the color of their skin tells you they are both illegal and Mexican. You do know that the illegal alien population in this country is far more diverse than just "Mexicans." There is only one word to describe someone who makes assumption of people based solely on their outward genetic traits.

  11. "Learn your history. While the Constitution was a collaborative effort, James Madison has always been considered the father of the Bill of Rights."

    clarkcountycrim -- hardly. "Madison's version of the speech and press clauses, introduced in the House of Representatives on June 8, 1789, provided: 'The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable.' The special committee rewrote the language to some extent, adding other provisions from Madison's draft, to make it read: 'The freedom of speech and of the press, and the right of the people peaceably to assemble and consult for their common good, and to apply to the Government for redress of grievances, shall not be infringed.' In this form it went to the Senate, which rewrote it to read: 'That Congress shall make no law abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and consult for their common good, and to petition the government for a redress of grievances'"

    My sources -- 1 ANNALS OF CONGRESS 434 (1789); "THE BILL OF RIGHTS: A DOCUMENTARY HISTORY" 1148--49 (B. Schwartz ed. 1971).

    Your sources -- making it up as you go?

  12. @KillerB...As I said "a collaborative effort." And as you confirmed there, the foundation of which were the words of James Madison. So the verbage changed as it went through the process. I never said Madison wrote the 1st Amendment, word for word And nothing there is discounts the truth that the 1st Amendment was originally written to protect the free speech rights of human trafickers.

    As far as my sources:

    whitehouse.gov (http://marker.to/mrCVq4)refers to Madison as the "FATHER OF THE CONSTITUTION."

    As does montpelier.org/(http://marker.to/R5GIje)

    "At the Constitutional Convention of 1787, one fellow delegate praised Madison as possessing both the intellectual depth of a scholar and the practical wisdom of a politician, and observed that he was involved in the "management" of every major issue. His peers hailed him as the "FATHER OF THE CONSTITUTION," [emphasis mine0 and scholars agree that no one had a greater role ...."

    and then there is the James Madison Foundation (http://marker.to/bBk3Sc) which states...

    "Each time an assembly of citizens gathers to deliberate and make decisions concerning the good of the community, the thinking and dedication of James Madison--"FATHER OF THE CONSTITUTION," Secretary of State, and President of the United States--live again. The Constitution is the fundamental law of the nation that limits government and guarantees the rights and liberties of every American."

    How many additional references do you want to support my assertion that Madison has always been considered the FATHER OF THE CONSTITUTION?

  13. @iceguy.."If it is your handbill on the ground YOU are responsible for liittering[sic] dude."

    Dude, no you are not. If I toss my copy of the "Sun" into the street, is the "Sun" responsible for littering. If I toss my fast food bag out the window, is Mickey D's responsible? No! If you have any statue or case law that shows I am wrong please, by all means provide it.

    And as far as "if you think the County has a shortage of Inspectors already On [sic] the payroll and that it is impossible to ascertain identity from a phone number...." The only "inspectors" the county has on the payroll are these (http://bit.ly/LZY05y) and these (http://bit.ly/M6cJZd) and neither seem very well equipped to track down the owners of phone numbers. And, since the owners of pre-paid or "burner" phones can rarely be confirmed, this will be quite difficult.

    In fact, I can go on line and get a phone number that will ring my personal phone yet is not connected to me in anyway. So, without a massive amount of paperwork and search warrants it can't happen.

    I see why you are so adamant about this, as you see it as a viable form of employment, for you.

    "A chimp could go by Sunday morning and in one hour have the evidence. Duh.."

  14. @spdmrcht..Too bad you didn't take the opportunity to explain how lucky he is to have been born in America were freedom of speech is protected. You could have told him that, while those guys might be annoying, in some countries that cut off you head if you don't agree with the government. Too bad the boy didn't have adults in his life with any sense of patriotism or American Bride.

    Tell me what did you say when his asked why the none of the girls on the billboards weren't wearing any pants? What did you tell him when he asked what you were thinking bring a child down on Las Vegas Blvd in the first place.

  15. @kentvegasfan...Wow! You are right, and I apologize. I obviously need to pay more attention in the future. This was my mistake, and I am man enough to admit it when the error is mine. Too bad so many people won't follow suit.

    Thanks for setting me straight, and once again I apologize for including you in a debate you did not start.

    Peace

  16. "How many additional references do you want to support my assertion that Madison has always been considered the FATHER OF THE CONSTITUTION?"

    clarkcountycrim -- so you can copy and paste. Color me still less than impressed. Yet in none of it have you gleaned the basics -- the First Amendment allows no citizen anything, it protects us against the federal government. Something an oath-taker like yourself should know as a fundamental, especially when any cop approaches anyone. I'm finished with you here.

    "Indifference to personal liberty is but the precursor of the State's hostility to it." -- United States v. Penn, 647 F.2d 876 (9th Circuit, 1980), Judge Kennedy dissenting

  17. @killerb..."I'm finished with you here." Of course you are. You challenged me. I rose to the challenge and showed you seem to have no clue about my position. You could be a man and admit your mistake as I did with Kent, but no, you would rather resort to school yard behavior.

    "so you can copy and paste." Yep I can. And so Can you. Your mocking tone seems to ignore the fact that you most likely just "copy and pasted" your quote. Most likely from here (http://marker.to/2zs9bT) or maybe a similar site. But to act as if your presentation of evidence that actually supported my position and then demanding sources from me only to belittle them like a petulant child is in anyway a victory is laughable.

    It seems now you're arguing just for the sake of arguing...

    "-- the First Amendment allows no citizen anything, it protects us against the federal government."

    Where did I suggest otherwise. Every reference I made to the first Amendment was that it "protects." I only used the word "allow" one time in this thread and it was not in reference to the Constitution.

    What's clear is that you have radically misread my posts. You have some convoluted notion that I have made claims about the 1st Amendment that I haven't. I've only talked about those who crafted it.

    Your complete lack of understanding can be seen, most vividly in this,

    "Something an oath-taker like yourself should know as a fundamental, especially when any cop approaches anyone."

    Your choice to describe me as an "oath-taker" shows either your fundamental misunderstanding of the phrase or your fundamental misunderstanding of my posts. Either way you a fundamental misunderstanding.

  18. Let's do it. Time for career change or at least a location change for peddlers.

  19. I couldn't agree more about Marc Wondra being a dolt but quite frankly I think your are being too kind.

  20. @MWisADOLT...While its okay for one to be self-deprecating, I don't think you should stand for Wendy to talk about you in such way.

    And as far as your question, I believe I have answered it.

    Is that why you call yourself a dolt?

  21. The card slappers can be stopped easily . Simply have metro vice call the numbers on the card set up a date arrest the prostitute once she solicits sex and then arrest the card slappers for promoting prostitution . Follow this program and watch the slappers disappear .

  22. Oh Clark you are right I guess I shouldn't somewhat agree with Marc Wondra without his permission. Marc Wondra please let me know if you have a problem with me agreeing with your assertion that you are a dolt and/or worse.

  23. Comment removed by moderator. Personal Attack

  24. @By iceguy....Why thank-you. I try to stay as well versed as possible on the history of my community and the legal precedents that affect us all.

    But one should not have to be involved in the legal community in order to become well-versed in these topics. All you have to do is pay attention and be willing to accept that you don't know it all.

    I often learn from people on these threads if they have something to say that is accurate and they can provide resources to back it up,

  25. Comment removed by moderator. Personal Attack

  26. I'll be the first one to volunteer to drive a light green van down the strip with the immigration sticker on the door and watch the card slappers scatter. Yes they are illegal hispanics I'd bet money on it. I had a friend who beat one of them for slapping a card on his 10 yr old daughter, when the police showed up they didnt charge him with anything because the slapper ran away so he wouldnt be exported to mexico.

  27. Kenny, So after taking his 10 year-old daughter to the Strip, exposing here to all those billboards of nearly nude women advertising the many topless reviews and decadent nightclubs, he decided to give her the trifecta with some racism and violence thrown in as well.

    Great parenting

  28. Thanks, County Commissioners, for turning something insignificant into a big thing.

    For some stupid reason, I guess everyone that panhandles on the Strip is all of a sudden an illegal alien and they have to enact legislation to fight a problem that...simply doesn't exist.

    All these new laws go into effect go after people with dogs/cats/mongooses/ducks/reindeer on the Strip, along with those nefarious "porn slappers," Superman, Batman, a host of other superheroes, and yes, the worst of all, those diabolical water vendors...ALL this must be enacted into law.

    This is a new process that formulates a whole host of laws to be enacted and enforced, but, at the same time, they are cutting the budget for the Las Vegas Metropolitan Police Department...and dare say even cutting police officers...and necessary services they provide.

    They don't have the assets, but you idiot County Commissioners, because you have to do something politically to make it look like you are doing something, only because you want to get re-elected, have just thrown all kinds of new laws on LVMPD to enforce. And they don't have the manpower, the assets, not even the money to make it happen.

    Are you County Commissioners that stupid that you can't see the forest for the trees?

    Quit with the stupid laws on the Strip. There is already a police presence on the Strip. And their sole goal is to protect tourists, perform crime prevention and stop things from happening before they happen. LVMPD, from everything I have seen, concentrates on the important things: Like preventing/enforcing crimes against property/person happening on the Strip. They ain't got time for this polite police crap you want. And don't gimme that crap the tourists want this. They could care less if they chase after water vendors and "porn slappers." It's part of the scenery. Tourists will do fine. The people targeted by the County Commissioners don't mess with tourists. Why? Because they know it's the lifeblood for Las Vegas economy.

    Now, all of a sudden, you strip money from LVMPD, then tell them they are supposed to treat water vendors like they are the second coming of Charles Manson?!?!?!

    Gimme a break. We need to vote all them bums out of power if they think this is their priority while in office.

    Vote 'em all out and start over again. We need County Commissioners back on track to help Las Vegas by focusing on the problem, which is the economy and employment, and not fighting offshoots of the problem where people are just trying to survive in a tourist economy. If these County Commissioners are that much out of touch with the community, then they REALLY don't need to be sitting there legislating and governing. They need to be dressed up as Wonder Woman, Batman and Superman on the Strip. See how THEY like it when people are trying to survive.

  29. Funny how those signs that read "No loitering" on the pedestrian bridges go virtually ignored by the panhandlers who squat on them, day in and day out, with no intervention from the local law. As for the card slappers? They are a nuisance, but, let's not forget those rolling billboards on the LV Strip, advertising 'Hot Babes, Direct To You'.

    The street performers, the ones dressed as cartoon characters, make me a little nervous because who knows if these folks are on something?

  30. Can we give the cops a few t-shirts and jackets with "ICE" and "Deportation" printed across so they can walk along the strip and clean up the c***.

  31. MarcWondraIsADolt...

    Enjoy your comments. I understand LVMPD was involved with a working group on this, but this announcement by the County Commissioners came out AT THE SAME EXACT TIME that LVMPD announced a $71 million dollar (or so) budget cut soon. You can't tell me this was planned for also in this working group about ordnance changes. The timing makes it all highly suspect that this was also planned into the process. If all this stuff goes into effect, it really puts LVMPD behind the eight ball having to provide more services with less people, less money and less assets. Our police services CAN and WILL suffer because of County Commissioners fighting their own demons; purely for political purposes and trying to get re-elected by making it look like they are doing something. I still say we need to vote 'em all out just because of this.

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