The 9th Circuit Court of Appeals upheld the state law limiting advertisements by legal, licensed brothels.
"I am glad to see common sense has prevailed," said Attorney General Catherine Cortez Masto. "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."
The laws were challenged by the American Civil Liberties Union, the Shady Lady Ranch, which is a brothel in Nye County, and the High Desert Advocate and Las Vegas City Life newspapers. The federal district court in Reno agreed the laws violated First Amendment guarantees and invalidated the laws barring brothel advertising in counties where prostitution is illegal.
"Nevada has, uniquely for this country, delineated a more nuanced boundary [than total criminalization of prostitution], but still seeks to closely confine the sale of sex acts, geographically . . . and through the advertising restrictions," the court wrote.
The opinion states that Nevada should have that right and reversed the lower court, reinstating the Nevada laws.
There is no indication yet whether the ACLU and the other parties will seek a rehearing, or appeal to the U.S. Supreme Court.