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AMERICAN CIVIL LIBERTIES UNION OF NEVADA v. CITY OF LAS VEGAS

No. 05-15667, No. 05-15767.

466 F.3d 784 (2006)

AMERICAN CIVIL LIBERTIES UNION OF NEVADA; PAUL R. BROWN; GARY PECK; UNITARIAN UNIVERSALIST SOCIAL JUSTICE COMMITTEE, Plaintiffs-Appellants, v. CITY OF LAS VEGAS; OSCAR GOODMAN, in his official capacity as Mayor; FREMONT STREET LIMITED LIABILITY CORP.; JOSEPH SCHILLACI, in his official capacity as President of The Fremont Street Limited Liability Corp., Defendants-Appellees. AMERICAN CIVIL LIBERTIES UNION OF NEVADA; PAUL R. BROWN; GARY PECK; UNITARIAN UNIVERSALIST SOCIAL JUSTICE COMMITTEE, Plaintiffs-Appellees, v. CITY OF LAS VEGAS; OSCAR GOODMAN; FREMONT STREET LIMITED LIABILITY CORP.; JOSEPH SCHILLACI, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed October 20, 2006.

Attorney(s) appearing for the Case

Allen Lichtenstein, Las Vegas, Nevada, and Mark J. Lopez, American Civil Liberties Union Foundation, Inc., New York, New York, for the plaintiffs-appellants/cross-appellees.

Todd L. Bice, Shreck Brignone, Las Vegas, Nevada, Kristin B. McMillan and Patrick J. Reilly, Hale Lane Peek Dennison Howard & Anderson, Las Vegas, Nevada, and William P. Henry, Office of the City Attorney, Las Vegas, Nevada, for the defendants-appellees/cross-appellants.

Before: A. Wallace Tashima, Sidney R. Thomas, and Richard A. Paez, Circuit Judges.

Argued and Submitted June 1, 2006 — San Francisco, California.

Opinion by Judge Paez.

OPINION

PAEZ, Circuit Judge:

We must decide whether city ordinances prohibiting solicitation and the erection of tables in a five-block tract of downtown Las Vegas unconstitutionally restrict free speech. We hold that they do.

I.

This case returns to our court for a third time. In 1997, nonprofit organizations the American Civil...

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