by Brandon Summers | March 10, 2023
Clark County government and Las Vegas police have essentially deemed any activity on the resort corridor that doesn’t involve depositing money into a slot machine illegal. Despite years of litigation, LVMPD continues to ticket, harass, and arrest individuals who do nothing more than entertain the public. William began singing and playing guitar on the Las Vegas Strip in 2020. He was arrested by several police officers in early January 2021 and his belongings were subsequently impounded as evidence. Thankfully, the charges of “obstructive use of sidewalk“ and “unlawful storing and unloading of materials…” were dismissed and he got his stuff back.
William and his attorneys at Mcletchie Law filed a civil lawsuit in February 2023. Mcletchie law has sued LVMPD on behalf of street performers several times in the past— most recently for violinist Brandon Summers and disabled caricature artist Larime Taylor.
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WILLIAM FLEMING, an individual, Plaintiff, v. LAS VEGAS METROPOLITAN POLICE DEPARTMENT, a Municipal Corporation; OFFICER JAVON CHARLES, an individual; OFFICER TIMOTHY NYE, an individual; OFFICER GABRIEL LEA, an individual; OFFICER CODY GRAY, an individual; OFFICER SUPREET KAUR, as an individual; OFFICER HALEY ANDERSEN, as an individual; SERGEANT JOHN JOHNSON, as an individual; CAPTAIN DORI KOREN, as an individual; OFFICER RICHARD PALACIOS, as an individual; OFFICER PATRICK WHEARTY, as an individual; OFFICER WOOD, as an individual; DOE OFFICERS I – X, individuals. Defendants.
MCLETCHIE LAW Margaret A. McLetchie, Esq. Leo S. Wolpert, Esq. Attorneys for Plaintiff William Fleming MARQUIS AURBACH Craig R. Anderson, Esq. Attorneys for LVMPD Defendants
[William] Fleming’s right to engage in free expression on the Strip– as the Las Vegas Metropolitan Police Department (“Metro”) well knows. Despite these facts, starting in January 2021, Metro officers began harassing Mr. Fleming and violation his First Amendment rights, citing him for obstructive use of a public sidewalk and even arresting him pursuant to CCC 16.11.070.
This action under 42 U.S.C 1983 and the Nevada Constitution seeking to address the unconstitutionality of the Code as applied to Mr. Fleming, the violations of Mr. Fleming’s First and Fourth Amendment rights (and their Nevada constitutional analogues) by Metro and its individual officers, and Metro’s negligent training and supervision which led to these constitutional harms. Mr. Fleming also seeks a permanent injunction and declaratory relief to redress Defendant’s willful, deliberate, and clear constitutional violations, and the harm– which is ongoing and irreparable– that he has suffered as a result.
Over the past decades, courts have repeatedly vindicated musicians’ and other artists’ rights to perform on the public sidewalks of the Las Vegas Resort District. The Federal District Court has repeatedly made clear that Metro cannot use the Code as a pretext to shut down musical and artistic performances that do not actually obstruct pedestrian traffic. Yet, despite consistent rebukes from this Court, Metro continues to engage in the same constitutionally violative conduct. Enough is enough.
BuskLV 