Judge Upholds Ban on Stopping Along Las Vegas Strip Pedestrian Bridges
Judge Upholds Ban on Stopping Along Las Vegas Strip Pedestrian Bridges
Overview
A federal judge has upheld Clark County’s controversial ordinance prohibiting stopping or standing on pedestrian bridges along the Las Vegas Strip. The decision, issued by U.S. District Judge Jennifer Dorsey on September 25, 2024, rejected a legal challenge by the American Civil Liberties Union (ACLU) that argued the ban violates constitutional rights. This ruling reinforces the county’s efforts to manage pedestrian flow in one of the busiest tourist areas in the world.
The Ordinance and Its Implications
What Does the Ban Entail?
The ordinance, passed by the Clark County Commission in January 2024, makes it a misdemeanor to “stop, stand, or do something to cause someone to stop or stand” on any pedestrian bridges crossing over or near Las Vegas Boulevard. Violators face penalties of up to six months in jail and/or fines of up to $1,000.
Why Was the Ban Implemented?
Clark County Counsel Lisa Logsdon explained that the bridges were not designed for stopping or congregating. “The pedestrian flow zone is similar to pedestrian zones located in other large cities, such as New York City,” she stated. The ordinance aims to prevent bottlenecks and ensure the safe movement of thousands of people, especially during events like concerts, sporting events, and conventions that draw massive crowds.
Judicial Ruling
Judge Dorsey’s Decision
In her ruling, Judge Dorsey acknowledged the restrictive nature of the ordinance but concluded that it does not interfere with protected speech or civil rights. She emphasized the unpredictability of foot traffic on the Strip and the county’s legitimate interest in maintaining public safety.
Constitutional Scrutiny
The ACLU had argued that the ordinance violates the 14th Amendment by inviting selective and discriminatory enforcement and fails to accommodate First Amendment activities, such as political sign-holding, street performances, and photography. However, Dorsey found the ordinance narrowly tailored enough to withstand constitutional scrutiny, stating it “does not substantially burden speech and is not broader than necessary to achieve the government’s interest.”
Public Reaction and Confusion
The “Strip Selfie Ban”
The law quickly earned the nickname “Strip Selfie Ban,” reflecting widespread confusion over whether tourists could stop to take photos. While Clark County and the Las Vegas Metropolitan Police Department have clarified that selfie-takers are not specifically targeted, the ordinance’s language does not explicitly exclude them.
ACLU’s Challenge
The ACLU of Nevada filed a lawsuit in February 2024 on behalf of two plaintiffs: Brandon Summers, a violinist who performs for tips on the Strip, and Lisa McAllister, a wheelchair user who needs to pause on bridges due to fatigue. The ACLU argued the ordinance criminalizes everyday behavior and gives law enforcement excessive discretion, describing it as “the most extreme regulation brought forward in years.”
Next Steps
Appeal to the Ninth Circuit
The ACLU filed a notice of appeal on October 4, seeking review from the Ninth U.S. Circuit Court of Appeals. The case will now move to a higher court, where its constitutionality will be further examined.
Conclusion
The ban on stopping along Las Vegas Strip pedestrian bridges remains in place, upheld by a federal judge who deemed it constitutional despite challenges from the ACLU. As the case progresses to the Ninth Circuit, the debate over balancing public safety with individual rights continues.
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