But some tourists accept the pamphlets and glossy cards that advertise all-but-nude exotic dancers. Then, more often than not, they toss the material in the trash. Or if a trash can isn’t nearby, onto the sidewalk — creating an endless X-rated litter problem that Las Vegas officials are now trying to clean up.
A new ordinance requires handbillers to pick up litter within a 25-foot radius on the sidewalk. But there’s a hitch: The law might run afoul of the First Amendment.
“If someone takes some material, regardless of what it is, and then walks down the street and decides to drop it, that’s the person who is littering. That’s the person that is responsible, not the person who gave it to them originally,” said Allen Lichtenstein, general counsel for the Nevada American Civil Liberties Union.
Las Vegas police aren’t enforcing the ordinance yet. The ACLU has been meeting regularly with the exotic dancer businesses and police to talk about how that will happen, as well as encourage handbillers to help keep the Strip clean. The group has not yet challenged the law in court.
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