The ban on stopping or standing on Strip pedestrian bridges stays alive

A federal judge has upheld Clark County's ordinance prohibiting people from stopping or standing on Las Vegas Strip pedestrian bridges, granting the county summary judgment in a lawsuit brought by two street performers and a woman who uses a wheelchair. U.S. District Judge Jennifer Dorsey ruled on Sept. 25 that the 2024 law serves the county's interests in public safety and pedestrian traffic control and "does not substantially burden constitutionally protected activity."

The ordinance makes it a misdemeanor to stop or cause others to stop in designated "pedestrian-flow zones" on the bridges, punishable by a fine of up to $1,000, up to six months in jail, or both. Brief stops to use elevators or escalators are permitted. Judge Dorsey found the rule is a content-neutral safety measure narrowly tailored to maintain continuous crowd movement, noting that pedestrian bridges make up only about 6 percent of the Strip's sidewalk space and that street-level sidewalks remain available for performances.

The Nevada Resort Association and county officials praised the decision. Association president Virginia Valentine called it a "well-founded decision" and said the ordinance "does not diminish or restrict First Amendment rights; rather, it establishes reasonable measures to ensure pedestrian bridges remain clear and accessible for their intended purpose." A county spokesperson said the law protects public safety while balancing people's rights.

The ACLU of Nevada, which represented the plaintiffs, criticized the ruling and is appealing. Executive Director Athar Haseebullah called it "somewhat of a dangerous decision" and said it was "inherently problematic to undercut Nevada's First Amendment rights at the behest of law enforcement, government officials and big casino corporations." Attorney Maggie McLetchie argued the ordinance is part of a decades-long effort to "sterilize public streets and limit speech for the benefit of tourism" and said empty sidewalks are not comparable to busy pedestrian bridges.

Judge Dorsey cited law enforcement concerns about undesirable activity on the bridges, including unleashed dogs, fights, unauthorized vending, and drug use, and noted that "tourism is a crucial revenue stream in this town." The plaintiffs had argued the ordinance was vague and overly broad and violated their due process and free speech rights.

Sources: Las Vegas Review-Journal, FOX5 Vegas