LAS VEGAS (KTNV) — A federal judge has ruled the Clark County ordinance that bans stopping on pedestrian bridges along the Las Vegas Strip can stay in place.
In 2024, Clark County commissioners passed the ordinance, which advocated for creating "Pedestrian Flow Zones," which would include pedestrian bridges ands up to 20 feet surrounding those areas.
Commissioners have said the main reason for the ordinance is to address safety concerns.
According to UNLV Criminal Justice professor Dr. William H. Sousa, from 2018 to 2022, there was a 29% increase in disorderly calls for service on Las Vegas Boulevard, and 11% of those calls were on pedestrian bridges.
Las Vegas Metropolitan Police Department Undersheriff Andy Walsh said there have been incidents on the Strip, like potential active shooter calls, where people congregating on bridges made it difficult for people to escape the perceived danger and for officers to respond.
"For some time, we have been concerned about crowd crush with the events on Las Vegas Boulevard," Walsh said. "What we see is when the pedestrian bridges get packed, it's difficult for officers to get on those bridges and maintain order."
A retired LVMPD lieutenant breaks down the ordinance and what it means for pedestrians:
LVMPD officers told county officials that crowds on bridges also included homeless individuals who had off-leash dogs or large items and tables, people that were intoxicated, unlicensed vendors, people using drugs, pickpockets, and people fighting or vandalizing county property. At times, those crowds also blocked access to the elevators and escalators, which is an ADA violation.
The only exception to stopping on pedestrian bridges is if someone is waiting for an elevator or escalator.
The American Civil Liberties Union of Nevada filed a lawsuit claiming the ordinance is "unconstitutionally vague and opens the door to selective and discriminatory enforcement."
"Making criminals out of ordinary people who stop for even a few moments, like our client who has to stop periodically because she uses a manual wheelchair, is reckless," ACLU Nevada executive director Athar Haseebullah told Channel 13 at the time. "It's Clark County's turn to see us in court."
The plaintiffs in this case also included street performers, who claimed the ordinance affects their right to free speech and they can't move since they are typically connected to an amplifier or soliciting tips while they play.
U.S. District Court Judge Jennifer Dorsey sided with Clark County.
"I find that [the ordinance] does not substantially burden constitutionally protected activity in relation to its plainly legitimate sweep," Dorsey writes in part. "The County has met its burden to show that the ordinance is narrowly tailored to achieve the government's interests in public safety and the flow of traffic on pedestrian bridges."
Dorsey's ruling also states the county has 10 years worth of pedestrian traffic studies showing an ordinance would help with safety concerns and that pedestrian bridges only make up 5.7% of the sidewalk system along the Resort corridor.
She also stated the ordinance "does not prevent any speech-related conduct that can be done while moving, and it legitimately reaches other unprotected conduct like sleeping, loitering, and vending."
As for next steps, court records show the ACLU of Nevada is planning to appeal this ruling to the Ninth Circuit.
