Ramsay v. State of Nevada

  • Filed: August 11, 2023
  • Status: Dismissed
  • Court: Nevada Supreme Court
  • Latest Update: Dec 09, 2024
Placeholder image

A Clark County court is banning people from the “Resort Corridor,” an expansive geographical area defined by Clark County ordinances, as a condition of probation without explanation or analysis for why this condition was imposed.

The probation condition infringes upon the First Amendment right to access a traditional public forum and the right to intrastate travel, protected in the Due Process Clause of the Fourteenth Amendment.

Probation conditions that restrict fundamental rights activities are only justified if they are directly tied to a permissible objective for probation, and the restriction is no greater than reasonably necessary to meet that objective. In imposing this probation condition, a Clark County court failed to satisfy both obligations.

Another concern raised in the amicus brief is that the streets and roadways throughout the "Resort Corridor" are public sidewalks and roadways that have historically been used for public assembly and debate.

Status Update

The court dismissed the case for procedural reasons and said it’s moot—meaning there’s nothing left to resolve. The court found that our client lacked standing to challenge the law itself because he had never been arrested, charged, or convicted under that specific ordinance. And since he's already done with probation, there’s no longer an active issue for the court to decide.

Case Number:
86569
Judge:
Hon. Jennifer L. Schwartz
Attorney(s):
Christopher M. Peterson, Esq., Randolph M. Fiedler, Esq.