ACLU of Nevada seeks dismissal of charge against Michael Jackson impersonator on Fremont Street in Moonwalk Ban case

LAS VEGAS – ACLU of Nevada has filed a motion seeking dismissal of a criminal charge against a longtime Fremont Street performer after the city cited him for allegedly dancing outside a painted performance circle.

The motion was filed on behalf of Toney Foote, a Michael Jackson impersonator and street performer who has performed on Fremont Street for about a decade. In October 2025, Foote received a misdemeanor citation after officers accused him of performing outside one of the six-foot circles designated for street performers on the Fremont Street Experience pedestrian mall.

ACLU of Nevada attorneys argue that the ordinance under which Foote was cited violates the First Amendment by imposing restrictions on independent street performers, but not performers affiliated with Fremont Street Experience. This unequal treatment amounts to unconstitutional viewpoint and speaker-based discrimination in a traditional public forum protected by the First Amendment.

The filing also notes that the officer who issued the citation did not personally observe Foote step outside the designated performance circle, and instead, the citation was based on another officer’s observation from surveillance video.

The ACLU of Nevada is asking the court to dismiss the charge against Foote and find the ordinance unconstitutional. The case is State of Nevada v. Toney Foote, Case No. 25-071255.

ACLU of Nevada executive director Athar Haseebullah said:

“Las Vegas has real issues demanding public attention and public resources, but instead, law enforcement resources are being used to surveil and criminally prosecute a Michael Jackson impersonator for allegedly moonwalking outside a painted circle on Fremont Street. Fremont Street is a public forum, and the government cannot create one set of rules for performers connected to a private company while criminally penalizing independent performers for substantially similar expression. The First Amendment does not stop applying because it’s happening independently outside of a corporate sponsorship. That raises serious constitutional concerns about selective enforcement and unequal treatment in public spaces. At a time when communities are facing actual challenges and hardships, the city should not be criminally prosecuting a street performer over where he danced on a public street. It’s insanity.”