Filed

In January 2024, the Clark County Commission voted to establish pedestrian flow zones on the pedestrian bridges at the Las Vegas Strip and charge people with a misdemeanor for stopping or standing on these bridges.  

The First Amendment

Like sidewalks, the pedestrian bridges at the Las Vegas Strip are public forums -- a place where First Amendment protections are strongest. Under this ordinance, First Amendment activity, including artistic performances and political protests -- even stopping to take a selfie -- are not permitted on the bridges. Forcing people from these public forums by criminalizing First Amendment activity violates the Constitution and ignores the fact that these bridges are public property that belongs to everyone.

The Fourteenth Amendment

Due process requires that laws be clear about what conduct is prohibited and requires laws to be enforced against everyone equally. This ordinance is so broad, and it creates too much confusion on what conduct is actually prohibited, banning any stopping or standing on the bridge with the exception of waiting for escalators or elevators. Clark County has indicated that this ordinance should be enforced against street performers who stop to perform while also indicating that the ordinance should not be enforced against tourists who stop to take pictures. The way Clark County has promised to enforce this ordinance conflicts with the plain text and allows law enforcement too much discretion to pick and choose who to charge with a violation of the ordinance.

The Americans with Disabilities Act

The Americans with Disabilities Act (ADA) protects people with disabilities from being discriminated against for their disability. Some disabilities inhibit a person from physically being able to cross a pedestrian bridge without stopping, but under this ordinance, stopping due to disability is considered a misdemeanor. Criminalizing the act of stopping due to disability discriminates against people with disabilities and directly violates the ADA.

Insufficient Data

The County brought this ordinance forward on the heels of a viral video of ordinary folks stopping on the bridges to catch a glimpse of the F1 race, and under this proposal, those individuals would be considered criminals, even when they pay for publicly funded pedestrian bridges. The laws on the books, if properly enforced, are already sufficient to address the County's problems. It's flawed "data" suggests this ordinance is needed, but there is no indication that LVMPD will start patrolling bridges differently. In effect, this will be a selectively used ordinance meant to target specific people.

The Clark County Detention Center (CCDC) is the largest jail in Nevada, housing thousands of people every year. The ACLU of Nevada has been investigating the treatment of people who are deaf and detained at the Detention Center since April 2021. Based on our investigation, we have determined that the Clark County Detention Center regularly denies basic aids and services to deaf people, including sign language, interpreters, videophones, and visual aids. These services are denied for even the most important communication needs, such as classes meant to rehabilitate prisoners, medical appointments, religious services, and even fire alarms. 

Failure to provide these services functionally places deaf people detained at CCDC in solitary confinement, unable to communicate with staff, other people who are detained, and anyone outside the facility. Based upon records we've received through public records requests, we know the Detention Center is aware it must offer these services but still fails to do so.

Mr. Jones, our client, is a deaf person who has spent over two years in CCDC. Again and again, he requested the services he is entitled to under federal law, and again and again, he was denied, rendering him unable to participate in group therapy, religious services, or other rehabilitative opportunities. Under the Americans with Disabilities Act, the United States Constitution, and the Nevada Constitution, the Detention Center is obligated to comply and offer appropriate aids and services to deaf people detained at the facility. Together, we are working to make sure he nor any other person who is deaf and detained at jail is treated that way again

What we are seeking:

• Install videophones in its units. Videophones are the standard telecommunication technology used by the deaf community that has already been safely implemented in jails across the county.
• Offer ASL interpreters for medical appointments, religious services, disciplinary hearings, and other events.
• Properly train staff on how to work respectfull and appropriately with deaf people detained at the facility. 
• Provide any other aids or services a deaf person might require to have an equivalent experience as a hearing person at the facility.
• Appropriate compensation for Mr. Jones for the discrimination he experienced while detained at the facility

The ACLU of Nevada filed for a writ of mandamus in a Clark County court in order to force the Clark County School District to release records that the civil rights nonprofit is entitled to.

A writ of mandamus is a legal action meant to compel a government actor to follow the law. The case is ACLU of Nevada v. Clark County School District, Case No. A-23-869216-W.

In February, Durango High School students were attacked by CCSD police for recording officers in the community. Video of the incident captured by a bystander has been shared widely throughout Nevada — including before the Legislature — but despite persistent requests from the news media and others, the school district continues to stonewall the release of public records related to the incident such as body-worn camera footage and incident reports. Even the ACLU of Nevada, which is representing two teenagers who were attacked in the incident, has been denied the records.

In March, the ACLUNV announced it was giving the school district 30 days to comply with the law or the nonprofit would file legal action. CCSD has failed to produce the records for the teenagers’ attorneys.