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Strip Peddlers Avoid Jail Through New Diversion Program

Flickr user James Marvin Phelps photographed this unknown man getting in trouble for selling water on near the Strip.
James Marvin Phelps/Flickr

Flickr user James Marvin Phelps photographed this unknown man getting in trouble for selling water on near the Strip.

Peddlers arrested on the Strip for selling water, alcohol or CDs without a business license are avoiding a trip to jail these days through a new civil diversion program.

Scofflaws caught illegally selling goods or otherwise blocking pedestrian traffic now have the option of a civil hearing, where they are typically fined and ordered to forfeit whatever they were selling.

Launched this spring by Clark County, Metro and Las Vegas Justice Court, the diversion program also aims to free up police resources for more serious crime by getting officers back on the street more quickly after making arrests.

Nevada Resort Association Virginia Valentine said addressing the peddlers issue is important to the members of the association, which include the biggest casino operators on the Strip.

She said properties and the county get plenty of feedback from tourists about the conditions along the Las Vegas Boulevard sidewalks and overpasses. 

"Of course, we want them to have a good experience, but if they are being pushed off the sidewalk or they're being accosted by peddlers, it is really damaging the experience they're having," Valentine said.

She said the county has put into place a number of ordinances to try to cut down on obstructions and nuisances along the Strip in an effort to improve foot traffic flow and esthetics.

This new diversion program is part of one of those ordinances that targets illegal activities like selling water.  

"Commercial activity is not legal in the public right of way," she said. "Freedom of speech is, but commercial activity is not."

Capt. Christopher Tomaino of the Las Vegas Metropolitan Police Department said there are a lot of reasons why the program works for police officers and the justice system.

"Up until this program, the water sellers would wave and smile at the officers because they sim didn't have the time, energy or resources to deal with them," he said.

Now, a group of officers search the resort corridor for people selling water or other items illegally. The officers perform the search on overtime so it doesn't take away from their normal duties.

Tomaino said the team has arrested 230 individuals since the program started on Memorial Day weekend.

After people are arrested for illegally selling water or alcohol, they are told they can go before a judge and request the civil diversion program instead of jail. In the diversion program, the judge decides whether they're eligible for the program based on previous history and other factors.

"The idea being that they don't go to jail and take up valuable real estate that could be occupied by robbers and murders and kidnappers," he said.

If the judge approves them, they'll receive a civil fine.

The 'civil' part of the process is important, according to assistant county manager Jeff Wells, 

"We're not trying to create a new set of criminals but we trying to change people's behavior," he said.

Wells said they're hoping the people selling water and other items on the Strip will realize it is just not worth it because of the all the money they'll have to pay in fines.  

Wells said the results from the effort are promising so far, and by the end of the summer, he believes the numbers will show that it is working. 

Virginia Valentine, president, Nevada Resort Association, Christopher Tomaino, captain, Las Vegas Metropolitan Police Department; Jeff Wells, assistant manager, Clark County

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With deep experience in journalism, politics, and the nonprofit sector, news producer Doug Puppel has built strong connections statewide that benefit the Nevada Public Radio audience.