Crazy Ely Western Village, LLC v. City of Las Vegas

MEMORANDUM

Plaintiffs Crazy Ely Western Village, LLC and G & G Fremont, LLC own and operate stores that sell souvenirs and package alcohol on or adjacent to the Fremont Street pedestrian mall in Las Vegas, Nevada. In May of 2014, the City of Las Vegas enacted Ordinance 6320. The ordinance applies only to stores selling alcohol pursuant to an off-sale or package alcohol license along the pedestrian mall. See LVMC § 6.50.475. It requires that the stores limit their alcohol advertising to only ten percent of their store windows, id. § 6.50.475(G)-(H), and it prohibits the stores from posting alcohol price advertisements that are visible to individuals standing outside of the establishment (“advertising restrictions”). Id. § 6.50.475(F). The ordinance also requires that the stores post signs informing customers that it is prohibited to open or consume alcohol purchased at the store on the pedestrian mall (“noticé restrictions”). Id. § 6.50.475(1).

Plaintiffs filed suit, alleging that Ordinance 6320 and Ordinance 6266, which also regulates alcohol sales along the pedestrian mall, violate the First, Fifth, and Fourteenth Amendments, as well as § 1 of the Sherman Antitrust Act, 15…