Federal Appeals Court Upholds Nevada Laws Limiting Brothel Advertising
CARSON CITY – The 9th U.S. Circuit Court of Appeals today upheld Nevada state laws that limit brothel advertising, ruling to deny a petition for rehearing filed by the American Civil Liberties Union of Nevada.
“I am glad to see that, once again, common sense has prevailed,� said Attorney General Catherine Cortez Masto. “This state has had restrictions on brothel advertising for 40 years. Nevada should have the right to have reasonable limitations on this type of activity.�
The petition for rehearing was filed by the American Civil Liberties Union after a decision by the 9th Circuit Court in March to reverse a lower court’s decision. The laws had been challenged on free speech grounds.
The laws prohibit brothel advertising in counties where prostitution is illegal. The laws also prohibit brothel advertising in theaters and on streets and public highways.
In its March decision, the appeals court wrote: “Nevada has, uniquely for this country, delineated a more nuanced boundary [than total criminalization of prostitution], but still seeks to closely confine the sale of sex acts, geographically . . . and through the advertising restrictions.�
“We are pleased that the court has acknowledged our state’s policies and our laws were upheld,� Masto said.
George Flint, representing the Nevada Brothel Owners’ Association, said brothel owners generally have not sought to widely advertise even with the lower court ruling in their favor. Most owners did not push the issue, he said.
Only one brothel was part of the legal challenge, Flint said.
“The truth is I don’t have a real lot of heartburn about the issue one way or the other,� he said. “I’m rather proud of the fact that the members, except for one or two of them, have been very low key even during that period of time before the 9th circuit heard the issue and we had the freedom to go ahead and advertise.�
There won’t be a lot of disappointment in the industry with the ruling being upheld even though legalized prostitution is suffering from the recession just like all other businesses, he said.
Audio clip:
George Flint of Brothel Owner’s Association says the ruling isn’t a big disappointment:
072910Flint :19 ahead and advertise.”
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