Not yet, but an ordinance has been proposed to the City of Las Vegas that has the backing of two unlikely allies: the FSE itself and the American Civil Liberties Union. If the ACLU is on board with the proposed rules, the city needn’t worry about being litigated if it adopts the ordinance sponsored by Las Vegas City Councilmen Ricki Y. Barlow and Bob Coffin.
According to the ACLU, both buskers and civil libertarians were solicited for their input into a new set of Fremont Street regulations and here’s what they came up with: Between 3 p.m. and 2 a.m., busking will be restricted to clearly designated areas, six feet in diameter and 40 feet apart. A busker can perform in this zone but most rotate to another one every two hours, to prevent a few street performers from hogging all the prime spots. From 2 a.m. to 3 p.m., the current rules stay in effect, simply restricting street performers from within 10 feet of outdoor restaurants, and 20 feet of ATMs and hotel entrances.
During concerts or other staged events in Fremont Street Experience, the performance zones will be cut down to 27 but 38 will be available most evenings. The only cost to the buskers will be the time expenditure of registering every six months with both the city and the Experience. The purpose of the registration process is so that authorities can track who is performing at any given time. Even roving magician Sean Scott said, "I like the idea of knowing who’s out there, personally." Observed local ACLU Executive Director Tod Story, "This ordinance recognizes the rights of expression, the right to assemble, the right to speak and a visitor’s right to be entertained on their terms."
One of Councilman Coffin’s main concerns remains unaddressed: "They don't expect to see women dressed as nuns with their breasts flying everywhere," he said of some Fremont Street denizens, adding, "There's a place for this stuff," just not under the Fremont Street canopy. However, he told The Arizona Republic, "he hopes the rules provide a structure to help the best performers excel and the others fade away." Derek Stevens, owner of The D, got in his two cents as well, remarking, "You get the guests saying, ‘I’m not coming back to your hotel.’ And when that happens, that's detrimental."
The City Council is expected to vote on the proposed rule changes on Sept. 2.