Wednesday, March 5, 1997 | 11:59 a.m.
A federal judge has given his blessing to a county ordinance banning smut peddlers and other handbillers from accosting tourists along the Las Vegas Strip.
For the last few years, the distributors littered the Strip -- often aggressively -- with their advertisements for outcall entertainers and other businesses that police have contended are nothing more than thinly veiled prostitution activities.
The handbilling has drawn angry criticism from visitors, locals and public officials and became the objects of embarrassing jokes by late-night talk show host Jay Leno.
With the judicial green light to enforce the anti-smut ordinance passed in January, the issue now turns to enforcement.
District Attorney Stewart Bell vowed Tuesday that his office and the Metropolitan Police Department will "get very aggressive" in citing and prosecuting the peddlers.
"I think the majority of smut on the Strip will end," he said. "If we can clean up the Strip it will be a huge win-win situation for citizens of the community.
"This is the biggest single step in the last several years in combatting smut on the Strip."
Violators will face the possibility of six months in jail and a $1,000 fine.
In a county news release, Commissioner Lorraine Hunt, who sponsored the ordinance, said, "We are extremely pleased that our residents and visitors to our community will now be able to enjoy the resort district free from the harassment and intimidation of these handbillers."
The ordinance, which Hunt said was patterned after similar legislation in other tourist-oriented communities, prohibits all handbilling activities around Las Vegas Boulevard and along Convention Center Drive.
The ordinance focused on the congestion, aggressive distribution tactics and resulting trash problems.
But opponents of the ordinance, including the ACLU, argued that the true target of the legislation was the sexually oriented content of the handouts which is protected by the First Amendment.
It is anticipated that the legal battle will continue to the U.S. 9th Circuit Court of Appeals.
After the ordinance was passed, S.O.C. Inc. and Hillsboro Enterprises won a temporary restraining order prohibiting prosecution of smut peddlers, although U.S. District Judge Lloyd George allowed Metro to give citations to violators.
Those handbillers who have collected numerous citations over the past few weeks now face multiple prosecutions because of the judge's ruling.
Tuesday's decision was based on a request by the companies for an injunction prohibiting the enforcement of the ordinance because of purported constitutional irregularities.
But George didn't see it their way.
He decided that the businesses advertising in the handbills can get their messages out through newsrack distribution or the telephone Yellow Pages.
"The court is not convinced that the First Amendment should be applied to preserve advertising in a specific form or guarantee certain profit margins," George stated in his 18-page decision.
He noted that evidence presented in court clearly showed that handbillers "have obstructed the free flow of pedestrian traffic on crowded and narrow sections of sidewalk, prompting pedestrians to enter the street."
He stated that the county's efforts to control the problem through lesser measures than an outright ban on handbillers was unsuccessful.
George said citing distributors for obstructing sidewalks didn't work because "handbillers have continued to engage in the violations until arrested."
He added that when police or security officers did arrive, handbillers would just temporarily disperse.
"In view of this history of deliberate circumvention of law enforcement, the county is entitled to conclude that attempts at enforcing a compromise would hold little promise," the judge stated.
The litter problem, through a lesser issue than the congestion and aggressive distribution tactics, was also cited by George in his decision.
He pointed out that one company has been distributing more than 400,000 handbills a month along the Strip, many of which are dropped by tourists.
"The court must conclude that the (companies) have not shown the balance of hardships decidedly tips in their favor," George stated.
In applauding George's decision, Hunt commented, "The ruling is a testament to the strength of this legislation."
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