Mirage Las Vegas Hotel

In addition, regardless of whether the state constitution should be read more broadly or not, S.O.C./Hillsboro still must establish that the Nevada Constitution restrains private conduct. We conclude, however, that nothing indicates that Article 1, Section 9 was intended to restrain private conduct. Accordingly, S.O.C./Hillsboro's position must fail.

Preliminary injunction

Finally, S.O.C./Hillsboro argue that the district court abused its discretion in granting the preliminary injunction because Mirage's legal argument would not have prevailed, the Mirage could not prove irreparable harm, and the loss of unfettered speech outweighs any harm suffered by the Mirage. Having concluded that the Mirage has made a prima facie case that it is entitled to exclude the commercial handbillers, we find no abuse of discretion by the district court.

This court has previously held that an injunction is an appropriate remedy for the threat of continuing trespass. [FN50] Accordingly, we affirm the judgment of the district court. [FN51]

FN50. See Cook v. Maremont-Holland Co., 75 Nev. 380, 388, 344 P.2d 198, 202 (1959); Parkinson v. Winniman, 75 Nev. 405, 344 P.2d 677 (1959).

FN51. The Honorable Myron E. Leavitt, Justice, voluntarily recused himself from participation in the decision of this matter.

AGOSTI and BECKER, JJ., concur.