Strip stripes perplexing
A new line has been drawn in the sand, er, sidewalk.
Clark County crews for the past two weeks have been painting white stripes along Strip sidewalks, indicating where "obstructive activity" can and cannot take place.
Signs posted in the white-lined areas cite county code that prohibits obstructing pedestrian traffic.
On Wednesday, workers handing out everything from free nightclub passes to escort service cards said they were being harassed by hotel security and Las Vegas police.
Authorities handed the workers pamphlets that stated "standing in one location to distribute cards or other advertising material constitutes such an obstructive use," and threatened violators with up to six month’s jail time and a fine up to $1,000.
Dan Kulin, spokesman for the county, said the white lines have been there for years and are receiving a new coat of paint as part of a repaving contract.
The lines are based on pedestrian traffic studies and limited to certain intersections with pedestrian safety in mind, he said.
Kulin said the pamphlets citing the ordinance are being handed out "to remind people of the ordinance as crews are repainting the old white lines."
The new effort outraged members of the American Civil Liberties Union of Nevada who said the effort is based on a county code that was ruled unconstitutional by federal courts.
"This appears to be a rather clumsy effort to get around the decisions that have come down from the 9th Circuit Court and the Nevada federal district court," said Allen Lichtenstein, general counsel for the ACLU of Nevada. "Once again, they’ve created a content-based rule that will not withstand constitutional scrutiny and will only again serve to waste taxpayer money on needless litigation."
The ACLU also pointed out that the ordinance cited by security, police and on the signs posted on the Strip — Clark County Code 16.11 — doesn’t single out the distribution of literature as obstructive behavior.
Rather, the code defines obstructive behavior as setting up tables, sleeping on the sidewalk and blocking pedestrians, among other things.
"The idea that you will be arrested for something that isn’t in the law is kind of ludicrous," Lichtenstein said.
"The way it (the ordinance) reads, all the things you can’t do in front of the white line you can do in other places," where there isn’t a white line, Lichtenstein said.
"Very clearly, there is a lot of confusion," he said.
In front of Caesars Palace, the white lines appear at heavily traveled crosswalks, which Lichtenstein admits makes some sense.
But in another location, in front of Bill’s Gamblin’ Hall & Saloon, the entire sidewalk is painted with a white line despite there being no way to cross the Strip at street level. Pedestrians must use a bridge to cross the Strip or Flamingo Road.
No white lines were painted in front of the Bellagio, including at crosswalks.
Pedestrian bridges at Flamingo had no white lines.
A man handing out cards in front of Harrah’s Las Vegas said he was confused by the orders he had received from hotel security and police about where to stand.
The man, who said his name was Ernesto, stood on the white line and refused to take his feet off of it as he leaned to hand passersby the escort service cards he was distributing.
Roberto Flores, another worker handing out escort service cards, said, "Where the line is, they’re (hotel security and police) telling us to move." Flores said he had only been standing near the line for 10 minutes when he was told to move.
Ines Zak, who was handing out promotional material in front of Paris Las Vegas for "The Producers," which is playing at the hotel, said she was told by authorities that she can stand in front of the white line as long as her activity is sanctioned by the hotel.
Gary Peck, executive director of the ACLU of Nevada, expects the county to defend this as a smut peddler issue.
"But this scheme will infringe on the free speech rights of a broad array of individuals and organizations, including labor unions, homeless advocates, anti-war demonstrators, and others," Peck said.
County Commissioner Chris Giunchigliani said she was unaware the stripes were being painted or who had authorized them.
