Mirage Hotel Las Vegas

Supreme Court of Nevada. S.O.C., INC.; Hillsboro Enterprises, Inc., and Hillsboro Enterprises, Ltd., Appellants, v. The MIRAGE CASINO-HOTEL LAS VEGAS, a Nevada Corporation; and Treasure Island Corp., a Nevada Corporation, Respondents. No. 34563.

May 17, 2001.

OPINION FROM LAS VEGAS, NEVADA YOUNG, J.

This case presents several issues related to the exclusion of commercial handbillers from property that is privately owned. We conclude that the district court did not err in making a preliminary determination that owners of private property may exclude commercial handbillers and such exclusion is not a violation of the Nevada or United States Constitutions.

FACTS S.O.C., Inc., Hillsboro Enterprises, Inc., and Hillsboro Enterprises, Ltd., [FN1] are licensed corporations that provide referrals for erotic dance entertainment. The erotic entertainment services at issue are generally provided in hotel/motel rooms and are available in Clark County for a fee. A partially dressed or nude dancer is requested by telephone and then usually paid for by the person who views the performance.

FN1. For the sake of convenience, the parties are referred to as S.O.C./ Hillsboro.

The Mirage Casino-Hotel, a Nevada corporation, and Treasure Island Corporation, a Nevada corporation, are hotel-casinos located on real property in Clark County, Nevada, which is bordered by Las Vegas Boulevard South (commonly referred to as the "Strip"), Spring Mountain Road, Industrial Road, and private property known as Caesars Palace.