It's good to be The King...

William Jablonski, a regular busker on the Vegas strip, claims he has been harassed by officers who have repeatedly cited him for obstructing the pavement, disorderly conduct and being a public nuisance.

Mr Jablonski, who signs autographs, poses for tourists and once performed for a televised Elvis tribute at the MGM Grand, is taking police to court to prove that impersonating "The King" is a constitutional right.

The street performer claims that he has been wrongfully hounded by officers.

He stopped performing in public after he was cited for obstructing the pavement in 2007.

A year later, having donned his velvet suit again, he was confronted as he sang in front of the Paris Hotel & Casino by a Las Vegas police officer who told him not to have his picture taken with tourists or accept tips.

His act was stopped again twice within the next fortnight, including on one occasion when Mr Jablonski claims he was approached by a group of no fewer than five officers, who said they saw him accept a dollar.

The Elvis fan has joined forces with a busking guitarist, Suzette Banasik, and the American Civil Liverties Union to fight for their right to perform.

They have filed a suit in the US District Court in Las Vegas against Clark County, along with District Attorney David Roger, the Las Vegas Metropolitan Police Department and Nevada Attorney General Catherine Cortez Masto.

The performers' are challenging statutes and codes they say "violate free speech" and amount to "unconstitutional restraints on personal speech and expression.''

Spokesmen for both Clark County and the police declined comment.

here's more:

- An Elvis impersonator and his guitar-playing accompanist say impersonating "The King" is a constitutional right, and the ACLU agrees. They claim the Las Vegas Metropolitan Police Department harassed the performers on a slew of bogus charges to prevent them from exercising that right.
Guitarist Suzette Banasik and William Jablonski are regular faces on the Strip, where tourists have themselves photographed alongside the latter-day Elvis.
Banasik and Jablonski claim Vegas cops harass them by accusing them of operating without a license, storing materials on a public sidewalk, begging, obstructing the sidewalk, disorderly conduct, and being a public nuisance.
Banasik and Jablonski want those Clark County ordinances enjoined as unconstitutional.
Jablonski, who performed for a nationally televised Elvis tribute at the MGM Grand in 2006, says he stopped impersonating Elvis in public in Las Vegas after he was cited for obstructing the sidewalk in 2007.
A year later, however, he read about the ACLU's victory in a similar case, ACLU et al. v City of Las Vegas. Emboldened by this, Jablonski says he returned to the velvet suit, and was being Elvis in front of the Paris Hotel & Casino on April 23 when a Las Vegas police officer told him he could not have his picture taken with tourists and accept tips.
Jablonski challenged that statement, and claims that the officer, who had threatened him with jail, decided not to issue him a citation.
It was a short-lived victory. Seven days, he says, the Paris casino's security guards, accompanied by the same police officer, told him he was on the resort's property and was not allowed to be there.
Undaunted, Jablonski whipped out a copy of ACLU of Nevada et al. v City of Las Vegas. After a brief discussion, the officers told Jablonski he could stay, but he had to stay 3 feet from the curb and could not accept tips.
After that, Jablonski says, he tried to get a license, but was told he was doing something illegal and could not get one.
A few weeks later, Jablonski says, he was approached by no fewer than five Metro officers, who said they saw him accept a dollar from a tourist and that he could not be there. Jablonski says a discussion ensued, in which two officers "voted" that he should not be issued a citation, but three voted in favor of it. But a sergeant said his higher rank gave his vote more weight, so Jablonski would not get the ticket.
Jablonski says that none of the officers in this legal conclave identified themselves.
Banasik was arrested on March 12 while performing on a walkway between Bally's Hotel and Casino and Bill's Gamblin' Hall & Saloon. She says that for the third time in as many months Metro officers told her to leave the area because she was obstructing the sidewalk.
As she took pictures to show that she was not obstructing anything, Banasik says, she found herself in handcuffs. She was arrested for operating a business without a license and obstructing the sidewalk.
The buskers seek a declaratory judgment and injunctive relief. They are represented by Judy Cox with the ACLU of Nevada.
Courthouse News Service


Plaintiffs: Suzette Banasik and William Jablonski
Defendants: Clark County, David Roger, Douglas Gillespie, Las Vegas Metropolitan Police Department, Officer Contreras, Officer Goris, Officer Hanigan and Catherine Cortez Masto

Case Number: 2:2009cv01242
Filed: July 9, 2009

Court: Nevada District Court
Office: Las Vegas Office [ Court Info ]
County: Clark
Presiding Judge: Judge Lloyd D. George
Referring Judge: Magistrate Judge George Foley Jr.

Nature of Suit: Civil Rights - Other Civil Rights
Cause: 28:1331 Federal Question: Other Civil Rights
Jurisdiction: Federal Question
Jury Demanded By: Plaintiff