Last week, the U.S. District Court made a split decision on three city ordinances pertaining to public parks, benefiting both the ACLU of Nevada, who challenged the ordinances, and the city of Las Vegas, who defended them. The two groups have been engaged in a gridiron battle over various issues ever since executive director Gary Peck came to the ACLU 10 years ago, with the civil liberties advocacy group holding a strong lead.
First Quarter
LV: After the ACLU challenges city ordinances on solicitation, setting up tables, leafleting and vending at the Fremont Street Experience, the U.S. District Court rules it is a nonpublic forum and thus the city can restrict at least the first two actions. (April 1998)
Second Quarter
ACLU: The District Court rules that the city cannot prohibit leafleting and vending at Fremont. (April 2001)
LV: Court reiterates Fremont is a nonpublic forum. (April 2001)
Third Quarter
ACLU: The 9th U.S. Circuit Court of Appeals overrules the District Court decision, states that Fremont is a public forum. (July 2003)
ACLU: Appeals Court denies the city’s petition for a re-hearing on the issue. (August 2003)
ACLU: The U.S. Supreme Court agrees that Fremont is a public forum, “where restrictions of First-Amendment activities must be scrutinized with strict standard of review.” (January 2004)
Fourth Quarter
ACLU: Appeals Court rules that city ordinances prohibiting solicitation and tabling on Fremont must be ceased. (October 2006)
ACLU: After the city passes an ordinance making it illegal to feed the indigent in city parks, the USDC rules the law unconstitutional and places an injunction on it. (November 2006)
ACLU: The USDC places a permanent injunction on the city’s ordinance against feeding the homeless in parks. (August 22, 2007)
LV: On the same day, the USDC upholds two city park ordinances challenged by the ACLU—one that prohibits the gathering of 25-plus people without a permit, and one that restricts certain parks to children only. (August 27, 2007)
ACLU 0 7 21 21—49
LV 7 7 0 7 —21