Fremont Street LLC Gives “Notice To All Street Performers”

by Brandon Summers | May 3, 2021

FSE security guard hands out notice to a perfomer (May 3, 2021)

NOTICE TO ALL STREET PERFORMERS

“Beginning Friday May 14th, 2021, Fremont Street Experience Security will aid the Las Vegas City Marshals and Las Vegas Metro P.D. in enforcing ordinances.

As COVID-19 restrictions are being relaxed in the state and around the country, the Fremont Street Experience is experiencing a higher-than-normal pedestrian traffic throughout the mall. To continue providing the safest environment possible, all street performers/buskers are reminded of their obligation to comply with all sections of Las Vegas Municipal Code Chapter 11.68, and particularly the sections referenced below.

Fremont Street Experience recognizes that individuals have constitutionally protected rights to free speech, which includes the art of street performance. Fremont Street Experience safeguards these rights and ensures that the rights of one individual do not interfere with the constitutional rights of other individuals. In the interest of ensuring the safety and security of the public, all applicable provisions of the Las Vegas Municipal Code will continue to be enforced.

We thank you in advance for your cooperation.

Last week, I saw a street performer mention this paper on social media and decided to check it out. Coincidentally, I saw a FSE bike security guard hand it out as I walked Fremont Street on Monday.

The double-sided paper did not have FSE letterhead or a City of Las Vegas seal. I went to FSE’s corporate office, and the person at the desk wasn’t aware of it. I also reached out to the City of Las Vegas clerk’s office and they were clueless too. It certainly didn’t come from them.

I’ll do my best to keep you updated 🙂

Update 5/4/21: City Attorney Bryan K. Scott confirmed via email that the document came from Fremont Street LLC. According to him, the absence of FSE letterhead is an oversight that will be corrected in the future.

Bryan K. Scott was appointed to the position of City Attorney in June 2020.

Stacey Campbell - Chief Deputy City Clerk
Stacey Campbell, CMC Chief Deputy City Clerk

LVMC 11.68.107(4)

Street performers may not place objects on the ground unless the objects are within a two foot radius of the performer; do not obstruct or impede pedestrian traffic or cause a potential risk to passersby; and are integral to the performance (e.g., a hat or container to accept donations).

Under this section, art may be displayed on the ground if it does not cause a potential hazard to passerby. TABLES, CHAIRS, CRATES, CARBBOARD BOXES, EASELS, and other structures are not allowed to display art.

Artists may not sit on chairs, crates, boxes or other structures during their performance unless the act of sitting on a chair, crate, or box itself is “integral to the performance.” This will be a rare occurrence. For example, sitting in a chair may be integral to the performance of a cellist. Sitting on a chair, crate, or other structure is not integral to playing other musical instruments such as drums, guitars, or keyboards, or for drawing caricatures, twisting palms, creating jewelry, or posing for photos or videos.

Artists may sit on the ground during a performance, so long as sitting on the ground does not cause a potential hazard to passerby. Street performers will need to be mindful of the pedestrian traffic around them when deciding whether to sit on the ground.

To the extent amplified sound is “integral” to a performance, any amplified sound equipment, including speakers, must remain within a two foot radius of the performer. Maximum decidable levels will be monitored and enforced in accordance with LVMC 11.68.107(5).

LVMC 11.68.100

(A) The following are prohibited within the Pedestrian Mall:

(2) Sleeping or camping;
(3) Littering;

(B) The following are prohibited within the Pedestrian Mall, except under the conditions stated:

(1) Animals, unless used in connection with a mall activity authorized by The Fremont Street Experience Limited Liability Company or used for the purpose of assisting the visually or aurally impaired;

These restrictions apply to everyone on the pedestrian mall, not merely to street performers. Street performances should not result in the creation of litter on the pedestrian mall. Street performers are expected to prevent any littering resulting from their performance art, and to immediately remediate any litter created by their performances.

This rule allows for leashed dog or miniature horse trained to do work or perform tasks for the benefit of a qualified individual with a disability, but does not allow for “emotional support” animals.

Brandon Summers is a Las Vegas native, violinist, street performer, and advocate for spontaneous, unlicensed performance in public spaces. Summers has been busking for over ten years and has performed for Ciroc, Hudson Jeans, Netflix, JBL-Harman and many more. He is a graduate of Fort Valley State University where he majored in mathematics and holds BA in liberal studies.

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