American Civil Liberties Union v. City of Las Vegas

In a successful bid to revive its decaying downtown, the City of Las Vegas followed the lead of towns across the United States and turned several blocks of its main downtown street into a publicly-owned pedestrian mall, the Fremont Street Experience. Fearful of the potential for disruption of merchants and customers, the City placed significant restrictions upon First Amendment activities in the Fremont Street Experience. After running afoul of these restrictions, the American Civil Liberties Union of Nevada (“ACLU”) and others (jointly “the Plaintiffs”) brought this 42 U.S.C. § 1983 civil rights suit. The Plaintiffs appeal the district court’s determination that the mall is a nonpublic forum, and its ruling that City ordinances restricting soliciting and tabling were constitutional. The City of Las Vegas cross-appeals the district court’s determination that City ordinances limiting leafleting and vending were unconstitutional.

We affirm in part, reverse in part, and remand. Because the Fremont Street Experience unmistakably possesses the characteristics of a traditional public forum, we reverse the district court’s conclusion that it is a nonpublic forum. Recognizing…