Civil libertarians balk at casino's suit that seeks to close sidewalks

The Associated Press

03.08.99

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LAS VEGAS — The battle over who owns the sidewalks in front of the new Venetian hotel-casino heated up last week with the American Civil Liberties Union saying it would intervene in the resort's federal lawsuit.

The Venetian filed a federal lawsuit on March 4 seeking an order declaring the sidewalks private property that can't be used for public demonstrations.

The suit comes three days after the Culinary Union staged a massive demonstration on the Venetian sidewalks to protest what it called the resort's anti-labor policies.

District Attorney Stewart Bell had informed Venetian owner Sheldon Adelson before the union action March 1 that even though the sidewalks may be private, he believed the union had a right to be there. Bell instructed Metro Police not to arrest any demonstrators. The district attorney said afterward that he expected the Venetian to file suit and that he would abide by any guidance from a federal judge in future sidewalk demonstrations.

ACLU Nevada Executive Director Gary Peck said on March 5 that the ACLU would file a motion this week to intervene on behalf of the public in the lawsuit.

"This is a much bigger issue than just the Venetian and the Culinary Union," Peck said. "This case could set a dreadful precedent for how governments nationwide interpret constitutional rights. Anyone who cares about freedom of speech and First Amendment rights should be concerned about this issue."

Jim Arnold, secretary-treasurer of Culinary Workers Local 226, said that the union's lawyers were prepared for the Venetian's lawsuit.

"We knew he was going to do that," Arnold said. "It wasn't a surprise."

Arnold predicted the Venetian would lose its bid to ban any future demonstrations, and he said the union intends to step up its pressure on Adelson.

"There's no way we're going away," Arnold said.

The Culinary Union first locked horns with the Venetian over Adelson's refusal to give workers who were let go when the Sands was demolished first crack at Venetian jobs. The union now wants Adelson to give it an even playing field to organize Venetian employees.

In its lawsuit, the Venetian contends the sidewalks can't be used as a forum for First Amendment organizing activities by the unions. The lawsuit names the Culinary and Bartenders unions, Bell, the Metro Police Department and Clark County as defendants.

According to the complaint, the Venetian has never permitted use of the sidewalk as a public forum.

The Culinary Union plans to show up in force again on the sidewalks when the $1.2 billion Venetian opens in April.