Constitution protects those ‘practically nude’

By Bradford Jerbic, Las Vegas

Tuesday, May 3, 2016 | 2 a.m.

I recently read two letters to the editor penned by individuals complaining of downtown street performers who wear little clothing and are described as “practically nude.” I think your readers deserve a response.

The mayor and Las Vegas City Council are committed to making our downtown a showplace for tourists and locals alike. Part of that responsibility includes the Fremont Street Experience and the street performers who gather there. In November 2015, a new ordinance went into effect that put restrictions on street performers, and the response thus far has been overwhelmingly positive.

It is a fact that some performers wish to push the envelope by wearing revealing clothing designed to get the attention of the public. The city has received complaints that the conduct is offensive to some and should be prohibited. The fact is that this city (and every other city for that matter) is extremely limited when it comes to legislating expressive conduct. While federal courts have made it clear that a city may prohibit nudity, the conduct of the “practically nude” performers who wear only essential clothing is protected under the First Amendment of the United States Constitution. I have asked my legal department to continue to research this issue and make recommendations that will continue to improve our downtown so it can be enjoyed by everyone.

The writer is city attorney for Las Vegas.