AG’s office, Clark County must pay attorneys fees

Civil rights attorneys who successfully fought to allow brothel owners to advertise in Clark County defeated the state again Thursday when a federal judge ruled that the attorney general's office must pay the majority of the attorneys fees accrued during the battle.

U.S. District Judge James Mahan ruled that the attorney general's office must pay 80 percent of the nearly $50,000 owed to American Civil Liberties Union attorneys Allen Lichtenstein and Lee Rowland. The Clark County District Attorney's office is responsible for 20 percent.

The litigation was over an antiquated state law that prohibited brothel owners from advertising in Clark and Washoe counties, where prostitution is illegal. The brothels could advertise only in rural counties where there are no laws prohibiting prostitution.

Earlier this year, Lichtenstein convinced a federal court judge that licensed businesses should be protected by the First Amendment and therefore permitted to advertise in any publication or on mobile billboards.

The attorney general's office has appealed the ruling.

"To protect the will of Nevadans to place reasonable restrictions on brothel advertising, my office will appeal this decision," Attorney General Catherine Cortez Masto said in a prepared statement released in August.

The ACLU is permitted to pursue attorneys fees while the case is appealed.

At a rate of $300 an hour, Lichtenstein will receive $43,560 for the 145 hours he put into the case. His associate, Rowland, will receive $4,185. Mahan ruled that because Rowland has less experience as a lawyer than Lichtenstein, the maximum rate Rowland can charge is $150 an hour.

Mahan acknowledged that Clark County had a minimal role in the lawsuit. The law is a state statute, but the county is responsible for enforcing it and prosecuting those who violate the law. "If someone were to make a stink about this, the DA would have to prosecute it," Mahan said.

Deputy District Attorney Robert Gower said there were no pending or anticipated prosecutions related to the state law. Gower also questioned why Washoe County wasn't included in the lawsuit since the state law also pertained to advertising in that county, where prostitution is also illegal.

Washoe County was named as a defendant in the lawsuit filed in March 2006.

The lawsuit was originally filed by businesswoman Bobbi Davis. She was later joined by CityLife, which is owned by the Stephens Media Group, and the High Desert Advocate newspaper in Wendover. The ACLU then joined the litigation.

Contact reporter Adrienne Packer at apacker@reviewjournal.com or (702) 384-8710.