S.O.C., Inc. v. County of Clark

Appellants S.O.C., Inc. (“S.O.C.”), Richard Soranno (“Soranno”), 1 arid Hillsboro Enterprises, Inc. (“Hillsboro”) regularly hire canvassers to distribute leaflets that advertise erotic dance entertainment services. 2 These leaflets were handed-out to tourists and others walking along Las Vegas Boulevard, the area commonly known as the Las Vegas “Strip.” Appellants filed suits challenging the constitutionality of Clark County Ordinance Section 16.12 (“Clark County Ordinance”), 'which prohibits off-premises canvassing in areas surrounding the Las Vegas “Strip” and the Las Vegas Convention Center (collectively referred to as the “Las Vegas Resort District”). The American Civil Liberties Union of Nevada (“ACLUN”) intervened in the suit filed by S.O.C. Inc. and raised a facial overbreadth challenge to the Clark County Ordinance. This case comes to us as an appeal from a denial of preliminary injunctive relief and denial of a motion for reconsideration. We have jurisdiction under 28 U.S.C. § 1292 (a)(1).

We conclude that the ACLUN has demonstrated probable success on the merits on its claim that Clark County Ordinance Section 16.12 is overbroad because it is likely to restrict not only…