A measure aimed at aggressive Las Vegas prostitutes was overturned last week by the Nevada Supreme Court, according to the Las Vegas Sun.
The court cited the vagueness of the measure’s wording which could result in the arrest of cheerleaders for merely flagging down motorists for car washes.
Chief Justice Bob Rose wrote that the ordinance “gives officers too much discretion in enforcing its provisions,” and could result in the arrests of innocents.
“For example, high school cheerleaders advertising a carwash fundraiser from a sidewalk or a corner could be subject to arrest,” he said, “as could effusive tourists celebrating a public holiday by strolling the streets and waving to cars and passers-by.”
The measure allowed police to arrest anyone who “repeatedly beckons to, stops, attempts to stop or engage persons passing by in conversation or repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or other bodily gestures.”
The ruling helps Lani L. Silvar, who was charged with the misdemeanor charge of loitering for the purpose of prostitution.
In 2003, Silvar was arrested by Las Vegas police after she got into an unmarked vehicle and asked the undercover officer “Honey, you dating?” which police say is street slang for soliciting prostitution.
Silvar’s attorney, Susan D. Burke, said the ordinance’s wording could lead to the arrest of any woman or tourist who might mistakenly wave at an undercover police officer.
