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VENETIAN CASINO v. LOCAL JOINT EXECUTIVE BD.

No. 00-15136.

257 F.3d 937 (2001)

VENETIAN CASINO RESORT, L.L.C., a Delaware Limited Liability Company, Plaintiff-Appellant, v. LOCAL JOINT EXECUTIVE BOARD OF LAS VEGAS; Culinary Workers Union, Local No. 226, an Unincorporated Association; Bartenders Union, Local No. 165, an Unincorporated Association; Clark County, a Political Subdivision of the State of Nevada; Stewart L. Bell, in his capacity as District Attorney of Clark County, Nevada; Las Vegas Metropolitan Police Department, Defendants-Appellees, American Civil Liberties Union, Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 12, 2001.

Attorney(s) appearing for the Case

Walter E. Dellinger, O'Melveny & Myers L.L.P., Washington, D.C., for the appellant.

Michael T. Anderson, Davis, Cowell & Bowe, L.L.P., San Francisco, California, and Mitchell M. Cohen, Deputy District Attorney, Las Vegas, Nevada, for the appellees.

Allen Lichtenstein, Las Vegas, Nevada, for the intervenor-appellee.

Before: Mary M. SCHROEDER, Chief Judge, Procter HUG, and BRUNETTI, Jr. and Melvin Brunetti, Circuit Judges.

Opinion by Judge HUG; Dissent by Judge BRUNETTI.

HUG, Circuit Judge:

The question we are presented with in this appeal is whether a sidewalk constructed on private property to replace a public sidewalk, accommodating pedestrian traffic adjacent to Las Vegas Boulevard, is a public forum subject to the protections of the First Amendment. The Venetian Resort Casino sued Clark County, the Clark County District Attorney, and the Las Vegas Metropolitan Police Department...

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