Attorneys’ Fees Awarded in Fremont Street Case

The ACLU of Nevada won another court victory in the thirteen-year battle over First Amendment protections at the Fremont Street Experience in Las Vegas (ACLU of Nevada v. City of Las Vegas).

In addition to finding several municipal codes restricting speech activities at the Fremont Street Experience to be unconstitutional, the United States District Court of Nevada awarded the ACLU of Nevada $42,868.86 in attorneys’ fees - the full amount requested by its attorneys.

In 1997, the City of Las Vegas tried to eviscerate free speech rights at the Fremont Street pedestrian mall by claiming the First Amendment did not apply because the walkway had a corporate owner, the Fremont Street Experience, LLC. The ACLU of Nevada challenged the ordinances in what has become an epic First Amendment battle.

After the Ninth Circuit Court of Appeals ruled in our favor – not once but twice – the City of Las Vegas passed new ordinances that were strikingly similar to the ordinances the Court struck down. The new ordinances still criminalized protected speech by prohibiting all requests for “immediate” donations and outlawing all tabling and advertising not approved by the corporate owner of the Fremont Street pedestrian mall. The ACLU of Nevada again challenged the new set of ordinances and they were again ruled unconstitutional.