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AMERICAN CIV. LIB. UNION, NV v. CITY OF LAS VEGAS

Nos. 01-15958, 01-15966.

333 F.3d 1092 (2003)

AMERICAN CIVIL LIBERTIES UNION OF NEVADA; Paul R. Brown; Greg Gable; Gary Peck; Shundahai Network; Unitarian Universalist Social Justice Committee, Plaintiffs-Appellants, v. CITY OF LAS VEGAS; Jan Laverty Jones; Fremont Street Limited Liability Corp.; Mark Paris, Defendants-Appellees. American Civil Liberties Union of Nevada; Paul R. Brown; Greg Gable; Gary Peck; Shundahai Network; Unitarian Universalist Social Justice Committee, Plaintiffs Appellees, v. City of Las Vegas; Jan Laverty Jones; Fremont Street Limited Liability Corp.; Mark Paris, Defendants Appellants.

United States Court of Appeals, Ninth Circuit.

Filed July 2, 2003.

Attorney(s) appearing for the Case

Allen Lichtenstein, Las Vegas, NV; Mark Lopez, American Civil Liberties Union Foundation, New York City, NY, for the plaintiffs-appellants-cross-appellees.

Todd L. Bice, Schreck Brignone Godfrey, Las Vegas, NV; Patrick J. Reilly, Hale Lane Peck Dennison Howard and Anderson, Las Vegas, NV; William P. Henry, Office of the City Attorney, Las Vegas, NV, for the defendants-appellees-cross-appellants.

Before: TASHIMA, THOMAS, and PAEZ, Circuit Judges.

OPINION

PAEZ, Circuit Judge.

In a successful bid to revive its decaying downtown, the City of Las Vegas followed the lead of towns across the United States and turned several blocks of its main downtown street into a publicly-owned pedestrian mall, the Fremont Street Experience. Fearful of the potential for disruption of merchants and customers, the City placed significant restrictions upon First Amendment activities in the Fremont Street Experience. After...

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