ACLU of Nevada Appeals Ruling Upholding Ban on Stopping on Las Vegas Strip Pedestrian Bridges

The American Civil Liberties Union of Nevada is taking its challenge to Clark County's so-called "Strip Selfie Ban" to a higher court. The group said it filed a notice of appeal earlier this month, contesting a Sept. 25 ruling by U.S. District Judge Jennifer Dorsey that upheld the ordinance, which bars people from stopping or standing on pedestrian bridges along the Las Vegas Strip. The case will be heard by the 9th U.S. Circuit Court of Appeals.

The ACLU argues the ordinance is "unconstitutionally vague and opens the door to selective and discriminatory enforcement." Athar Haseebullah, the organization's executive director, said in a video posted to social media that "ordinary people should not have to guess whether they're going to end up with a criminal penalty for taking a photo on the spaces that they subsidize."

Dorsey found that the ordinance does not violate anyone's constitutional rights. In her ruling, she wrote that the government had adequately shown how hard it is to predict when large crowds will gather on the bridges, particularly given the many concerts, sporting events and conferences held on the Strip on any given day. That unpredictability, she said, supports applying the restriction at all times. She also noted that the ordinance regulates expressive conduct in only a small fraction of the sidewalk system.

The judge pointed out that stopping and standing remain permitted on the street-level sidewalks, which make up most of the resort corridor's pedestrian network, so people can still reach the same audience away from the bridges. Dorsey acknowledged the ordinance is somewhat restrictive but concluded it "does not substantially burden speech and is not broader than necessary to achieve the government's interest."

Jennifer Cooper, a Clark County spokesperson, said the county "appreciates the court's decision upholding the constitutionality of the county's ordinance, which protects public safety in the resort corridor while balancing the rights of the public."

Christopher Peterson, legal director for the ACLU of Nevada, said the group believes the county withheld information from the public that weakened the case for the ban. ACLU lawyers disputed portions of the county's pedestrian studies from the past decade and argued that testimony from Metro Police officers and a report by UNLV criminal justice professor William Sousa did not satisfy the Federal Rules of Evidence. Peterson said the restriction could "choke the life out of that public forum," pointing to a history of union protests and marches and Black Lives Matter demonstrations. He said the group is "very confident" about the appeal.

The Clark County Commission unanimously approved the ordinance in January 2024. It created "pedestrian flow zones" on the overpasses and up to 20 feet around connecting stairs, elevators or escalators, where stopping, standing or causing another person to do so is a violation. Offenders face a misdemeanor carrying up to six months in jail, a fine of up to $1,000, or both. People waiting to use the stairs, elevators or escalators are exempt, as is anyone who stops unintentionally because of picketing on the street-level sidewalk.

County officials and Metro Police cited safety concerns. A study by Sousa found the bridges account for less than 6% of the resort corridor's sidewalk length but 11% of "disorder" calls to Metro on the Strip. The ordinance also cites a 29% rise in calls for law enforcement services on the Strip, from 37,598 in 2018 to 48,358 in 2022, and notes that the bridges' narrowness and limited entry and exit points make them prone to crowd crush.

The ACLU of Nevada sued in February 2024 on behalf of Lisa McAllister, a wheelchair user with a spinal cord condition, and street performer Brandon Summers. Street performer Jordan Polovina later joined the case. The complaint says the ordinance fails to accommodate protected activities such as holding political signs and violates the First and 14th Amendments. Clark County has said the law is not intended to target people taking photos.

Peterson told the Sun the case has broad implications for First Amendment rights in Nevada. He warned that a ban on stopping on the bridges could one day extend to any sidewalk in the corridor or to the Fremont Street pedestrian mall. "The reality is they belong to us, the people," he said.