Begging ban on Fremont upheld by appeals court

A decision Thursday by a federal appeals court regarding begging and leafletting on Fremont Street will likely cause the matter to end up back before that same court eventually, local officials said today.

The ruling by the 9th U.S. Circuit Court of Appeals upheld District Court Judge David Hagen's decision last April allowing enforcement of a city ordinance prohibiting begging, but forbidding enforcement of an ordinance banning leafletting.

The American Civil Liberties Union sued in 1997 to block enforcement of both ordinances. Hagen had ruled that Fremont Street is not a public street because it was turned into a pedestrian mall with a light-show canopy in 1995.

"The 9th Circuit basically said that they're taking the policy of giving tremendous deference to the lower court judge regarding the injunction," said Allen Lichtenstein, an attorney representing the ACLU of Nevada. "Ultimately, I think what the 9th Circuit said is that they're going to let the matter be handled at the District Court level."

Lichtenstein said he is confident the appeals court will get the case again after another District Court hearing.

Hagen issued the injunction in April because he interpreted the leafletting ordinance to allow labor unions to distribute handbills. He therefore decided the public must be treated equally, according to Todd Bice, a lawyer for the Fremont Street Experience Corp.

Bice said the Experience interpreted the ordinance differently. It was not intended to allow leafletting by unions, only to avoid any conflicts with federal rights guaranteed to unions, Bice said.

The appeals court did not discuss that issue, saying only that Hagen had understood the law and the facts and did not abuse his authority in ruling on either ordinance.

"I got the impression they simply sustained Judge Hagen's decision," Bice said today, "It's a very positive ruling for the city of Las Vegas because they didn't say Hagen's interpretation of Fremont Street was wrong."

Gary Peck, executive director of the ACLU in Nevada, said the court's decision is "neither a victory nor a defeat."

"We remain confident we will prevail because Fremont Street always has been and obviously continues to be the model traditional public forum where everyone's constitutional rights must be fully protected," Peck said.

The appeals court also upheld Hagen's injunction against the city's licensing system for mall vendors. Bice said unlicensed vendors remain barred by the anti-soliciting ordinance.

THE ASSOCIATED PRESS contributed to this story.

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