ACLU files lawsuit against Clark County, calling Las Vegas Strip pedestrian ordinance ‘unconstitutionally vague’
LAS VEGAS (KLAS) — The ACLU of Nevada filed a lawsuit against Clark County, challenging the ordinance that makes it a crime to stop, stand, or engage in an activity that causes another person to stop or stand on Las Vegas Strip bridges, calling it “unconstitutionally vague.”
In a news release, the civil rights organization has “condemned the measure as foolish since its inception.” The ACLU said the ordinance is “unconstitutionally vague” and violates the First Amendment and Fourteenth Amendment of the United States Constitution.
The ACLU claims the “vague” language of the ordinance will bring selective and discriminatory enforcement.
“The bridges were not designed for pedestrians to stop, stand or congregate,” Clark County Counsel Lisa Logsdon said before the Clark County Commissioners unanimously approved the ordinance. “The pedestrian flow zone is similar to pedestrian zones located in other large cities, such as New York City.”
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According to the ACLU, the only exception included in the ordinance is those who are stopped waiting to access the escalator or elevator. ACLU claims this leaves people who stopped because of a disability open to a misdemeanor charge.
The ACLU filed the lawsuit on behalf of Lisa McAllister, who uses a manual wheelchair to get around and at times, must stop moving because her wheelchair malfunctions, her arms are tired, or in crowded areas where she cannot see far enough ahead to safely move forward.
Additionally, the ACLU filed on behalf of Brandon Summer, an artist who has played the violin on pedestrian bridges on the Las Vegas Strip since 2011. The lawsuit said performance by street performers are protected activities under the First Amendment
“Due process requires clarity about prohibited conduct and that laws are not selectively enforced,” ACLU of Nevada Executive Director Athar Haseebullah said. “Making criminals out of ordinary people who stop for even a few moments, like our client, who has to stop periodically because she uses a manual wheelchair, is reckless. It’s Clark County’s turn to see us in court.”
“The bill also fails to accommodate protected First Amendment activities such as holding political signs or even stopping to take selfies,” the ACLU wrote.
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While statements from the county and Las Vegas Metropolitan Police Department suggest they will not target selfie-takers, the ACLU and other opponents of the ordinance are concerned about selective enforcement because activities targeted by the ordinance are not specified.
“The county has gone to great lengths to defend this terrible ordinance publicly, even issuing public statements mentioning selfie-takers won’t be targeted under the ordinance, even though they are encompassed by the ordinance’s language, creating a lack of clarity about what conduct is even prohibited by the ordinance,” Haseebullah added.
Before the ordinance was approved, Las Vegas Law professor Eve Hanan spoke out against it, and called the language “vague.”
“It’s impossible for the ordinary person to know when they are in compliance with the law,” Hanan said, addressing the board. “To add more crimes, to put more fines on (street performers), to put them in positions where they have open cases for months and years – which inhibits them from getting jobs – it’s simply not good policy.”
8 News Now reached out to Clark County for a statement. A representative of the county said they do not comment on pending litigation.
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