On June 3, local progressives barnstormed a conference of utility executives and stakeholders at the Fontainebleau to protest NV Energy's new "daily demand charge" formula, which the activists reasonably assert will harm the poorest residents in our community.

They were predictably ushered out by security. Shortly after, NV Energy issued a statement denying the protesters' claims, saying NV Energy is a super mindful company that would never do anything to harm the poor. Or something unhelpful like that. 

Who remembers? It was weeks ago. I mean, great effort. Nice to see people caring about local issues that affect us all, especially those without a voice. And while I'm not a big fan of interrupting meetings or showing up in private spaces, I generally support see-us/hear-us tactics. Still, will anything come from that specific approach?

Unlikely. But perhaps activists felt it was worth doing because speaking at public meetings — the sanctioned way of addressing issues — comes off as more performative than productive. Especially when those in charge tend not to make eye contact or respond, and a person's time to comment can be limited, sometimes as little as 60 seconds.  

Protests have been on my mind lately. They're a vital part of democracy, and they're especially effective when other parts of the participatory process falter or when important issues are chronically ignored. Vibrant and thoughtful protests can be a healthy indicator of a grown-up, first-class city that recognizes that some issues need a loud, steady beat so they're taken seriously.

I prefer a big protest to advocate for a big issue. Not the "clash with police" variety, but the motivated, sustained, directed calls for reform or benevolent change or even straightforward answers. I like numbers so large and faces so diverse that those in charge can't ignore them because they're so strong they look like they're never going to go away.

I like a protest that gets into a politician's head and makes it something they need to respond to. A protest that makes companies or agencies question their own status quo, makes them ask how they can be fairer or serve people with more benevolence and grace. I enjoy seeing thousands of folks gathered with clear calls to action, using clever signs or wild costumes to pour their passion into something they truly believe in. Even if it's not something I particularly care about or even agree with. It's the process, not the message, that inspires me to get off my slacktivist couch and do more than just hit a "like" button.

Not that I personally want to go to a big protest in the streets. I don't. Especially in my hometown, Las Vegas. I'm far too familiar with all the things that can go sideways. Mostly, I don't want to get arrested, even if I know I'll be lawful, respectful and appropriate according to the circumstances.

That's because people do get arrested. Sometimes in the hundreds. Police say arrests happen when protesters "cross the line." Unfortunately, that line is amorphous, granting law enforcement nearly unchecked authority to shut things down arbitrarily. Maybe a better way to say it is: If law enforcement officers think it's too hard to focus on "troublemakers" (even if, literally, it's just one person) at a protest, they can simply say someone "crossed the line" and invoke an ambiguous "dispersal order."

A dispersal order gives no specifics about why the protest must end, where the protesters must go or how long they must stay away. Even though the law was never meant to be used in such a fashion, the effect is to turn as many streets as police want into "people-free zones" for as long as police want, arresting anyone they think looks "wrong" to them or perhaps for saying things they don't like. It's a problem. 

Police always adamantly insist that nothing they do at these protests is illegal or improper. That's still a question for the courts. (Disclosure: I was an attorney involved in some of the early stages of litigation relating to the Black Lives Matter protests in 2020). But what gets my goat is to see peaceful protests described as "violent" even though one can argue that the scenes of chemical agents in the air, things ablaze and general chaos are too often a reaction to police showing up in riot gear, placing snipers on rooftops, grabbing individuals and taking them down hard, firing projectiles into crowds. Not to hold actual "troublemakers" faultless for foolishly responding in kind, but restraint would be nice.

In other words, when the police say it's time to "disperse," it should be the last resort. 

Policing protests is a hard job. It has to be respectful, measured and mindful. Above all, police should avoid aiming their enforcement powers at the protesters, but rather do everything in their power to foster the grand intention of the protest to be as effective as possible. To that end, we need legislators to rewrite any law (such as this one) that allows dispersals to operate in their current form. 

And as much as that's my call to action, I have to mention other reasons we don't see many protests in Las Vegas.

One reason is rooted in the city's design. From its earliest days as a company (railroad) town, myopic urban planning skipped right over creating lasting, viable public squares — really, any traditional gathering places that would foster steady community discourse. And when the company changed (to gambling), creating public forums to express discontent was absolutely not a priority. And even if a so-called civic space is created, it's typically neither widely available nor amenable to members of the public interested in protest or seeking redress for concerns.

I mean, who invests $190 million in a city plaza that has locked gates around it all day? Heck, for years, the city and casinos tried and tried and tried to privatize the sidewalks! Now the good folks at Formula One seem to have convinced Clark County to prevent people from doing everything but moving along on the Strip's pedestrian bridges. Also, the rules and expenses associated with organizing a sanctioned protest in any large space seem pretty daunting and pose a challenge to any real grassroots gathering — especially one born of spontaneity. So shame on all that.

Call me old-fashioned, but the best protests don't require making sure the government controls this and exacts money for the privilege of marching. The most successful and storied protest in Las Vegas history when fed-up citizens demanding local welfare and poverty reforms literally stormed Caesars Palace in 1971. I'm pretty sure those folks didn't have to pay for permits to be issued, pay overtime for police officers or show proof of insurance, as some complain now. And if not on the Strip, with its visibility, we need to invest in more public squares with low barriers so people in large numbers and big messages can reach the sometimes cold hearts of the powers that be.  

Finally, the sun. The sun is a useful incidental factor for said powers that be in keeping the vocal calls for redress to a minimum. But short of figuring out a way to keep our city literally shady once and for all (thankfully, we'll always be figuratively shady), we should also at least not take down trees right before protests are scheduled. 

I mean, I could be wrong. If there's one thing all 2.5 million residents of the greater Las Vegas metro area can agree on, it's that our valley has no issues whatsoever with the caliber of and accessibility to: medical services, mental health care, educational outcomes, social services (including those for people experiencing homelessness), effective and restrained policing, affordable housing and thoughtful road construction and public transit. Right? 

We also suffer no consequences from failing to effectively address predatory lending, rising poverty, heat exposure in the workplace and in lower-income areas, corporate buyouts of housing stock, the redirection of public funds to billionaires, and lax enforcement of environmental regulations.  

What's to protest when you literally live in Paradise?

Which brings me back to the progressives who were kicked out of the Fontainebleau. I see that two weeks after that, many of them (plus more) not only engaged in a peaceful rally outside the Nevada Public Utilities Commission, but also showed up the next day to criticize the daily demand charge. 

Sadly, the whole issue was overshadowed (pun intended) by the lack of shade and the commission's alleged insensitivity, leaving Las Vegans waiting outside to speak in the middle of a triple-digit, weekday workday! 

But the people stayed put. Take note, people are ready to stop feeling helpless. They want to do something. Something loud, legal and effective. It's time to look at why Las Vegas has been so hostile to its own citizens. It's time to bend over backward for the people who are willing to endure the heat (sun and cops) — and even the disdain of the company town — to advocate for the common good. 

Dayvid Figler is a criminal defense attorney, freelance essayist and former host of the City Cast Las Vegas podcast. He received the State Bar of Nevada's Medal of Justice in 2019. He also publishes a Substack that muses about all things Las Vegas.