LAS VEGAS – The ACLU of Nevada is filing a legal challenge to the Clark County ordinance that makes it a crime “for any person to stop or stand within any Pedestrian Flow Zone, or engage in any activity while within a Pedestrian Flow Zone with the intent of causing another person who is within a Pedestrian Flow Zone to stop or stand.”
The civil rights organization has condemned the measure as foolish since its inception. The organization argues the ordinance, particularly in light of County and LVMPD statements suggesting enforcement won’t occur against selfie-takers, is unconstitutionally vague and opens the door to selective and discriminatory enforcement. The only exception included in the ordinance is stopping to wait to access the escalators or elevators, meaning a person stopping because of a disability could be charged with a misdemeanor. The bill also fails to accommodate protected First Amendment activities such as holding political signs or even stopping to take selfies.
The case, McAllister v. Clark County, is being filed Friday in federal court.
The ACLUNV argues that the ordinance is unconstitutionally overbroad and violates the First Amendment and Fourteenth Amendment of the U.S. Constitution. Other claims included in the complaint include violations of the Nevada Constitution and the Americans with Disabilities Act.
ACLU of Nevada Executive Director Athar Haseebullah:
“The Strip Selfie Ban on pedestrian bridges is among the most extreme regulations brought forward in years. The language of the ordinance is unnecessarily and unconstitutionally overbroad, making harmless conduct illegal. The county has gone to great lengths to defend this terrible ordinance publicly, even issuing public statements mentioning selfie-takers won’t be targeted under the ordinance, even though they are encompassed by the ordinance’s language, creating a lack of clarity about what conduct is even prohibited by the ordinance. Due process requires clarity about prohibited conduct and that laws are not selectively enforced. Making criminals out of ordinary people who stop for even a few moments, like our client, who has to stop periodically because she uses a manual wheelchair, is reckless. It’s Clark County’s turn to see us in court.”
About Our Clients
Lisa McAllister has lived with a disability for over 40 years because of a spinal cord injury. She uses a manual wheelchair to get around. There are times when McAllister must stop moving either due to wheelchair malfunctions, to rest when her arms are tired, or in crowded areas when she cannot see far enough ahead to plot a safe course forward. Brandon Summers is a renowned artist who often plays the violin on the Las Vegas Strip.
Las Vegas firm McLetchie Law is serving as cocounsel on the case.
