Equal Protection

Tuesday brought a plot twist to the Nevada State Legislature and Gov. Joe Lombardo’s sweeping crime bill, with the introduction of an amendment adding provisions that would protect students from Immigration and Customs Enforcement and a brand new bill whose language mirrors two key components of the crime bill.

Assembly Concurrent Resolution 5 would order a legislative study on immigration enforcement operations in the state. It is not expected to be heard or passed, and behind the scenes became a flashpoint for advocates and lawmakers who wanted to see more done to safeguard immigrant families in the wake of large-scale immigration sweeps.

The Nevada Resort Association on Thursday defended the provisions of Gov. Joe Lombardo’s crime bill that would allow courts to ban certain criminal offenders from the resort corridor for up to a year.

In yet another result of the U.S. Supreme Court’s reversal of the Roe v. Wade decision, in July 2024, the Ninth Circuit Court of Appeals lifted an injunction against a 1985 Nevada law requiring parental notification for abortion procedures for minors. Planned Parenthood Mar Monte, a 501(c)3 health care provider, quickly filed litigation to block the notification law from negatively affecting access to abortion care in Nevada. ACLU and ACLU of Nevada argue in a new amicus brief that a lower court ruling used incorrect legal standards. The amicus brief also examines the procedures that are required under the 1985 law, including interviews and court hearings for young people seeking judicial bypass. Such processes differ from county to county, with some courts having no processes in place at all.

The ACLU of Nevada and Nevada Attorneys for Criminal Justice filed an amicus brief in Song Spencer & James Spencer v. City of Henderson, urging the Nevada Supreme Court to allow people to recover attorney’s fees as special damages in successful challenges in civil asset forfeiture cases when the government wrongfully seizes their property. Our amicus brief argues that Nevada law already allows recovery of attorney’s fees in cases when warranted, even when there is no law directly on point, and that principle should apply here, when someone is forced to sue the government to get their own property back. This case is a challenge to the constitutionality of civil forfeiture laws.

The ACLU of Nevada filed an amicus brief urging the Nevada Supreme Court to strengthen its interpretation of the Equal Rights Amendment to prevent racial discrimination within the courts. A Batson challenge is an objection raised by a lawyer during jury selection when they believe the other side is excluding a potential juror because of their race. Under the Nevada Supreme Court decision in Dixon v. State, Batson challenges are not applicable when the excluded juror is an alternate who did not actively deliberate. Our amicus argues that the Batson process should prohibit a party from striking a juror if that party offers a race-based justification, even if that juror would have been an uncalled alternate. UPDATE: On January 13, 2025, the Supreme Court of Nevada decided that it was a harmless error, a decision unfavorable to our amicus brief.

In May 2024, Laura Griffin, a Muslim woman, was forcibly removed from her home by LVMPD during an eviction. While being arrested, Ms. Griffin explained she is Muslim and repeatedly asked for and was denied her religious head covering. During the course of her arrest, transport, and booking, Ms. Griffin requested her head covering over three dozen times. Officers not only ignored her requests but also actively denied her access to her head covering, even when it was brought to the police station by her son. The ACLU of Nevada filed a lawsuit against LVMPD for violating Ms. Griffin’s rights under the U.S. Constitution. In addition to providing damages for the harm caused to Ms. Griffin, the LVMPD adopted policies and provided training to ensure that people who are arrested are afforded religious accommodations and that such mistreatment does not happen again.