State of Nevada v. Foote

We are representing Fremont Street performer Toney Foote in a First Amendment challenge involving restrictions on street performers on the Fremont Street Experience pedestrian mall.

Our client is a Michael Jackson impersonator who has performed on Fremont Street for almost a decade and was cited in October 2025 under a city ordinance for allegedly performing outside one of the designated six-foot performance circles used for street performers.

We filed a motion seeking dismissal of the charge, arguing that the ordinance violates the First Amendment. Our motion argues that Fremont Street is a public forum where free speech protections are strongest, and that street performing is a protected expression. We also argue that the ordinance unfairly treats independent street performers differently from certain street performers affiliated with Fremont Street Experience.