Thursday, February 24, 2011

High Court Red Lights Cathouse Ad Ban Case

Shady Lady Ranch brothel, located on U.S. Rout...Image via WikipediaThe U. S. Supreme Court this week denied a petition for writ of certiorari in a case that challenged on First Amendment grounds Nevada regulations that ban newspaper advertising for brothels where prostitution is permitted, whoredom is welcome and harlotry is hunky dory.

In refusing to hear the appeal brought by the plaintiffs, which consisted of newspaper companies, the ACLU and the Shady Lady Ranch bordello, in Coyote Publishing, Inc. d/b/a High Desert Advocate et al. v. Masto (Docket No. 10-564), the High Court let stand a decision by the U.S. Circuit Court of Appeals for the Ninth Circuit (Case No. 07-16633) that upheld the constitutionality of Nev. Rev. Stat. secs. 201.430-440, which restrict bawdy house advertising.

The restrictions, among other things, prohibit brothel ads in counties in which the oldest profession is still illegal pursuant to an ordinance or statute, and bars bordello ads in counties recognizing legalized prostitution in "any public theater, on the public streets of any city or town, or on any public highway."  The plaintiffs brought a facial challenge (it's a legal term--stop snickering), alleging the restrictions violate both the U.S. Constitution's First Amendment and Art. I, Sec. 9 of the Nevada Constitution.

Ten Nevada counties by ordinance sanction prostitution, but hooking remains against the law in larger counties (population exceeding 400,000), including Las Vegas and Reno, which must depress conventioneers no end.

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