HotelChatter

It has been joined in its battle with the state by the Nevada Resort Association, and the American Civil Liberties Union of Nevada.

The state attorney general's office is equally adamant, arguing that Nevada gaming regulators have the responsibility of maintaining public confidence in the industry.

In fact, Republican Attorney General Brian Sandoval's office, in a filing opposing a motion by the Hard Rock seeking dismissal of the case, argues that state regulations take precedence over any constitutional arguments raised by the Hard Rock and its allies. Huh?  Is there no respect for the Constitution anymore?

Further, the attorney general's office is arguing that constitutionally protected speech is limited to the advancement of truth, science, morality, government and the arts in general.

Finally, the attorney general's office early this month reversed its position on public input, arguing "friend of the court" pleadings would be premature at this time because they would usurp its ability to shape the issues.

The new position that public pleadings will not be heard seems to fly in the face of apparent invitations for "friend of the court" pleadings extended at the July Gaming Commission meeting by Bernhard and Senior Deputy Attorney General Toni Cowan, who represents state gaming regulators.

Former Sen. Richard Bryan, a partner in Lionel, Sawyer and Collins who represents the Nevada Resort Association, said "at best" he was surprised by the attorney general's apparent reversal on public input.

Nevertheless, Bernhard said late Monday he will not allow public input, including testimony from the NRA or the ACLU, at Friday's hearing.

Instead, he will independently decide on whether to accept the "friend of the court" motions. If he does accept them, he said, they will only be considered at trial in November if the commission rejects the Hard Rock's motion to dismiss the case. That motion will be considered Friday.

The ACLU Monday argued in its own filing that once the smoke clears, the core issue in this case is the unconstitutionality of Nevada's gaming regulations.

The ACLU of Nevada's general counsel, Allen Lichtenstein, said the state regulations unconstitutionally call for sanctions against gaming license-holders if they exercise their free speech rights in a way that state officials believe reflects unfavorably on the industry.

One of the ads in issue showed a naked male and female lying atop a gaming table with dice by their sides and a card in her mouth. The ad's tagline said: "There's always an urge to cheat."

"The question is whether (the Gaming Control Board) may police the content of such advertising in a manner inconsistent with First Amendment guarantees," Bryan argued in his brief.

Seems to me that the Board just wants to make some moola, because Vegas is full of billboard ads much more risque than the Hard Rock's.

Tags: Hotels

by johnkeats