Nevada
Casinos: Regulators Out of Line
Believing state gaming regulators
have overstepped their authority in suggesting
what musical acts are appropriate for Strip
nightclubs, the American Civil Liberties Union
of Nevada plans to voice its displeasure today
in Carson City.
When
the Nevada Gaming Commission opens its public
comment session at the end of its regularly
scheduled meeting, ACLU Executive Director Gary
Peck said he'll spell out how regulators are
denying casino operators their free speech rights.
"Sending
threatening and intimidating letters that tell
someone what musicians can and can't perform
is called censorship," Peck said. "Just
because you have a privileged license doesn't
mean you give up your rights of free speech."
The
Nevada Gaming Control Board on Feb. 7 sent a
memorandum to the Strip's major casino operators,
reminding gaming executives that responsibility
for any illegal activity in their entertainment
venues falls onto their shoulders even if they
don't own the clubs themselves.
The
unsigned memo told casino operators they would
be held accountable for any regulatory violations
that occur within or outside of a nightclub
located in a gaming establishment.
No
particular incident was given for the memo,
but regulators cited a concern by Clark County
Sheriff Bill Young, who had addressed the issue
of gangster rap style performers giving concerts
in Strip venues.
In
a letter dated June 22, 2005, to the control
board's enforcement division, Young said he
was concerned that certain acts and performers
bring the wrong element to Las Vegas.
"I
don't know if we can influence the gaming industry
to not book gangster rap acts here in Las Vegas,
however, to my way of thinking it's a legitimate
crime prevention strategy not only to prevent
violent crime but also for our industry,"
Young wrote. "A shooting at a venue that
generates a lot of negative press towards our
tourism corridor would seem not worth having
these acts here."
The
control board, some casino operators said, seemed
to be targeting the casinos that
lease
their nightclubs to third-party operators.
In
an interview last week, Young said he wasn't
sure why the control board sent the memo when
it did, some seven months after he wrote his
original letter. Last summer, he provided the
state agency with intelligence on the matter
prepared by the police department's Gang Crimes
Unit.
The
sheriff said he was being wrongly criticized
by the ACLU for trying to bring up the issue
following the shooting death this month of a
Las Vegas Metropolitan Police officer by an
alleged gangster rapper.
"I'm
sure a lot of public will agree with this stance,"
Young said. "This isn't a racial issue.
This is a crime prevention strategy. We've had
incidents at some venues and that just isn't
good for business. I respect their (the ACLU)
opinion on the First Amendment, but this isn't
an issue of free speech."
In
the memorandum, the control board said it was
concerned about "incidences of excessive
inebriation, drug distribution and abuse, violence,
the involvement of minors, and the handling
of those individuals who become incapacitated
while at the club."
Peck
said the memo would have a "chilling effect"
on the free speech of club operators and what
acts they book.
"The
actions of the control board are absolutely
inappropriate," Peck said. "This is
creating a nebulous black list of who can perform
and who can't. The control board can intimidate
those businesses whose licenses they hold in
their hands."
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