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Downtown Casino Owner Loses Appeal

LAS VEGAS -- Herbert Pastor, the owner of Mermaids and La Bayou casinos in downtown Las Vegas, has lost his appeal to the Nevada Supreme Court that his clubs should be allowed to use a loud sound system to draw customers.

Pastor's clubs employed greeters using cordless microphones, and he claimed he used them with no problems from 1993-2000. He also claimed other Fremont Street clubs used similar tactics.

The Fremont Street Experience Limited Liability Company then enacted a policy prohibiting the use of these microphones. It said it received complaints from tourists and others about the noise.

But Pastor's clubs continued using the tactic, and Experience officials said the "hawking" tactics used at the clubs could be heard throughout the Fremont Street Experience.

The Experience filed suit, alleging breach of contract. "While Pastor argues that there was no meeting of minds between him and Fremont Street Experience, the record demonstrates that Pastor agreed to cease projecting amplified sound into the pedestrian mall in exchange for Fremont Street Experience's promise that its members would do the same," the court said in its ruling Wednesday.

It also found the Experience has the authority to enact a policy prohibiting the projection of amplified sound.

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