Nevada Law Journal   ·   Link to Article

WHEN PRIVATE PROPERTY BECOMES A PUBLIC FORUM

On March 1, 1999, the Culinary Workers Union and the Bartenders Union ("Unions' ) held a rally protesting employment practices of the non-union Venetian Casino Resort on the Las Vegas Strip.' 6 The rally, for which the Unions had obtained a permit from the county, took place on the sidewalks that fronted the Venetian property. 17 The Venetian summoned the police to arrest the picketers as trespassers, claiming that because the sidewalks were located on private property, it had a right to control the activity which was permitted on them.18 On the advice of the county district attorney's office, the police declined to arrest or detain any picketer.' 9 Three days later, the Venetian filed a motion with the United States District Court, District of Nevada, seeking a temporary restraining order, pursuant to the Federal Rules of Civil Procedure,20 barring any future protests on sidewalks located in front of the Venetian Resort.21 After a fact-finding hearing, the federal district court issued an order denying the TRO and declaring that "since the sidewalk performs an essential public function, the Venetian does not have the right to exclude individuals from the sidewalk based upon permissible exercises of their right to expression under the First Amendment.

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