State v. Polovina

Jordan Polovina is a cellist and street performer who was cited by police for playing music on a pedestrian bridge on the Las Vegas Strip. While officers claimed Polovina violated a rule against stopping or standing in a pedestrian area, dozens of other people were standing in the same space before, during, and after the citation and were not cited.

Polovina was cited under a county ordinance that makes it a misdemeanor to (1) stop or stand within any Pedestrian Flow Zone, or (2) intentionally causing another person who is within a Pedestrian Flow Zone to stop or stand. A conviction can carry jail time for up to six months of a fine of up to $1,000.

We’re asking the court to dismiss the charge against Polovina because he was singled out for playing music, an activity protected by the First Amendment. Law enforcement targeted him for his expression, rather than enforcing the rule equally.

In addition to this case, the ACLU of Nevada represents Polovina in a related civil lawsuit challenging the same ordinance. The lawsuit, McAllister v. Clark County, argues that the ordinance violates First and Fourteenth Amendments and the right to due process.