SEARCH NEWS:

 

Venetian Loses Another Round in Sidewalk Picketing Dispute

The Venetian hotel-casino has lost yet another court battle to keep members of the Culinary Union off its sidewalks. It plans to appeal again.

In a ruling entered into public record Tuesday (Aug. 24), Federal Judge Philip Pro in Las Vegas ruled that the sidewalks abutting Las Vegas Boulevard are public forums and activities on those sidewalks are protected under the First Amendment to the U.S. Constitution.

"Sidewalks have long been recognized as a public forum for First Amendment purposes," Pro wrote in his ruling.

The ruling is the second legal defeat Pro has handed to the Venetian this year. In April, Pro denied a request by the Venetian for a temporary restraining order and preliminary injunction against the union. The Venetian has been attempting to stop the union's repeated protests on the sidewalk, and has argued that since it owns the sidewalk, it has the right to bar people from it as it chooses.

The Venetian appealed that ruling to the 9th Circuit Court of Appeals in San Francisco, but also made a motion for summary judgment with Pro, in which it requested a final legal ruling on whether it is allowed to control activities on the sidewalk.

In that request, the Venetian argued that First Amendment principles did not apply to the sidewalk, because it did not serve an exclusively public function. Only forums that "served the functional equivalent of a municipality," such as a city-owned sidewalk, qualified for First Amendment protections, the Venetian argued.

In an agreement with the Nevada Department of Transportation, the Venetian granted the public the right to cross its sidewalks, but said it retained the right to block protests.

Pro disagreed with that argument, stating that Supreme Court precedent clearly said a forum didn't have to be exclusively public to receive First Amendment protection, and therefore the exception of private property from First Amendment liberties doesn't apply.

Richard McCracken, an attorney representing the Culinary Union, said Pro's ruling will result in more demonstrations by union activists at the Venetian.

"There will be continuing demonstrations, large and small, routinely, every month," McCracken said.

The union is upset because Venetian owner Sheldon Adelson refuses, without a secret vote of workers, to recognize the Culinary as the bargaining agent for Venetian employees.

The union insists on a card-count process at the Venetian, which is customary at most Strip resorts. Under this procedure, unions are recognized after collecting pro-union cards from workers.

McCracken said the union had begun stepping up its vocal campaign after Pro rejected the Venetian's motion for a preliminary injunction. McCracken said there have been three demonstrations in front of the Venetian in August.

Venetian officials said they intend to appeal Pro's ruling to the 9th Circuit Court of Appeals. "The Venetian remains confident that the judge's ruling will be overturned in the 9th Circuit," said David Friedman, assistant to the chairman of Las Vegas Sands Inc., in a statement.

"It is unfortunate that the Culinary Union continues to place its own financial interests above the rights of others," Friedman said. "If this ruling were left intact, any homeowners' or property owners' rights could be adversely affected by special-interest groups like the Culinary Union and that is clearly inconsistent with the basic concept of private property rights and free speech."

The Nevada chapter of the American Civil Liberties Union intervened in the case because it felt the decision went far beyond the Venetian and the union.

"The ACLU is heartened by Judge Pro's ruling," said Gary Peck, executive director of the Nevada ACLU. "Most importantly, it stands for the proposition that not only can members of the Culinary Union use this sidewalk in accordance with the First Amendment, but also the general public.

"We hope the public understands what's at stake here goes far beyond the Venetian and the Culinary Union, but to the very heart of the First Amendment and what it stands for."

< Gaming News