ACLU Suing Las Vegas, Fremont Street Experience
The American Civil Liberties Union (ACLU) is backing up prior warnings with a lawsuit against the City Of Las Vegas and Fremont Street Experience.
Over the summer, the city was facing serious issues with violence on the glitzy – but public – pedestrian mall. Multiple fights, shootings, you name it. In order to get a handle on things it was decided to enact a curfew for people under 21 (be they guests or performers) between the times of 9pm and 5am daily.
While it sounds like a good idea, the issue for the ACLU is this: it’s public. If the street is public, it is therefore a public forum, and first amendment rights extend to all ages, in all public places.
So on Wednesday, they sued the city and Fremont Street experience citing the new city code that violates the First Amendment.
The city’s solution to try to skirt any Constitutional issues was “Festivus”. Fremont Street Experience got a “special event permit” for this non-advertised event that allowed them to institute a 21 and under ban on Fridays, Saturdays and Sundays. The ACLU says “Festivus” is a not a special event as it hasn’t been advertised anywhere. They claim it’s being used to excuse the First Amendment violation.
They also state the restrictions affect street performers. One of the laws says performers can’t perform if Fremont Street Experience’s VivaVision is in the middle of a show, or if there is an active concert.
Again, it all boils down to Fremont Street Experience still being public property. If it were not public, the ACLU wouldn’t be suing (note that Circa is a 21 and over property). The ACLU is seeking to void parts of LVMC Chapter 11.68, as well as seeking their costs and attorney’s fees.
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