Handing out pornography at the Fremont Street Experience remains legal, thanks to the 9th Circuit Court. They refused to rehear an earlier decision, which confirmed that the public has a First Amendment right to pass out porno mags in public places.
This is a legal challenge that has been putting money in the pockets of Mayor Oscar Goodman's attorney buddies for years. Ironically, lawyers working for the City of Las Vegas have a monetary interest in losing cases. Losses mean they can appeal the cases and bill more hours to city taxpayers.
The city's attorneys are expected to petition the U.S. Supreme Court next for an appeal. They are using the argument that the Fremont Street Experience is private property, not public.
When the city used eminent domain to seize private property for the downtown pedestrian mall, they reasoned it would be for "public use." When money was needed for maintenance, security and upkeep, taxpayer funds were used.
It seems clear that First Amendment rights are protected underneath the taxpayer-funded lightshow, but the city continues to pass unconstitutional laws meant to keep pamphleteers away from the downtown resort area.
This court case stemmed from a law passed in 1997 that targeted peddling, panhandling and pamphleteers. That law was changed recently. Pamphleteering was substituted with: Soliciting or pleading for the purpose of "immediately" receiving money, charity, business or patronage. So far no one has challenged the new law.
Like many First Amendment challenges, this one involved pornography. Religious folks, political activists and other crusaders can now feel safer delivering their messages to downtown tourists, thanks to the prostitute industry. LW
