On the night of October 10, 2025, Toney Foote was only doing what he’d done on Fremont Street for the past decade—moonwalking in Michael Jackson garb—when a city of Las Vegas security officer handed him a citation. The charge? Stepping just outside of his designated six-foot performance circle.
According to court filings, Foote wasn’t even caught in the act by the officer who wrote the ticket. Instead, a city surveillance investigator at the Fremont Street Experience spotted him on the security footage and reported it. Foote returned home with a misdemeanor hanging over his head.
He linked up with the ACLU of Nevada, which agreed to defend him on the grounds that a Las Vegas city ordinance—dictating where, when and how performers like Foote can busk in the Fremont Street area—violated his First Amendment rights.