Ruling on brothel ads spurs appeal

An attorney with the American Civil Liberties Union of Nevada has decided to ask the 9th U.S. Circuit Court of Appeals to reconsider a recent decision that restores the state's restrictions on brothel advertising.

In a March 11 opinion, the appeals court overturned the 2007 ruling of U.S. District Judge James Mahan, who concluded that Nevada laws limiting brothel advertising violated the First Amendment.

The appeals court, which is based in San Francisco, agreed with Nevada's argument that its "substantial state interest in preventing the commodification and commercialization of sex vindicates the advertising restrictions."

On Thursday, ACLU attorney Allen Lichtenstein said he planned to petition the court for a rehearing "en banc." If granted, an 11-member panel of the court would review the case; the original opinion was issued by a three-judge panel.

Lichtenstein said he will argue in the petition, which is due March 25, that the three-judge panel "rendered a decision that is clearly contradictory to United States Supreme Court precedent."

"We are hopeful that a review by a larger panel of 9th Circuit judges will rectify the problems with the original panel's decision," the lawyer said.

In July 2007, Mahan struck down two state laws that prohibit bordellos from advertising in counties, such as Clark and Washoe, where prostitution is illegal. The Nevada Legislature enacted the laws banning such ads in 1979.

Lichtenstein filed a lawsuit in 2006 that challenged the two laws. His clients include brothel owner Bobbi Davis, the weekly Las Vegas CityLife newspaper and the weekly High Desert Advocate newspaper in West Wendover. CityLife is owned by Stephens Media, owner of the Review-Journal.

After the appeals court overturned Mahan's decision, Nevada Attorney General Catherine Cortez Masto issued the following statement:

"I am glad to see common sense has prevailed. This state has had restrictions on brothel advertising for 40 years. Nevada should have the right to have reasonable limitations on this type of activity."

When asked about Lichtenstein's decision to seek a rehearing, Edie Cartwright, a spokeswoman for the attorney general's office, said, "They have a perfect right to do that."

Contact reporter Carri Geer Thevenot at cgeer@reviewjournal.com or 702-384-8710.