City of Las Vegas dismisses charges against Michael Jackson impersonator in Moonwalk Ban case

June 4, 2026 3:00 pm

Spokesperson

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Athar Haseebullah

Executive Director

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Jacob T.S. Valentine

Staff Attorney

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Media Contact

Communications Department, [email protected]

LAS VEGAS – The ACLU of Nevada released the following statement in response to the City of Las Vegas’ agreement to drop the charges against the organization’s client, Toney Foote, a Michael Jackson impersonator who was cited for allegedly stepping outside the painted circles street performers are required to stay in on Fremont Street:

“We’re grateful the city has dropped the charges against our client, but let us be very clear, our client should never have faced criminal prosecution in the first place for engaging in lawfully protected First Amendment activity. Las Vegas and all of Nevada are experiencing actual problems that need public resources and attention. Moonwalking is not one of them.”

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Court Case
May 18, 2026
Blue-toned graphic featuring the ACLU of Nevada logo on the left and the case title ‘State of Nevada v. Foote’ on the right. The background shows the Fremont Street Experience in downtown Las Vegas, including the overhead canopy, casino signs, and pedestrians walking along the street.
  • First Amendment

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. UPDATE: On June 3, 2026, the City of Las Vegas dismissed the charges against Toney Foote.