Las Vegas NowCasino Workers Challenge NV Initiative Laws

Casino Workers Challenge NV Initiative Laws

A group representing tip-earning casino workers went back to court Thursday to challenge Nevada's initiative petition requirements, claiming rules enacted by lawmakers are onerous and unconstitutional.

The suit filed in U.S. District Court in Las Vegas argues that limiting petitions to a single subject, requiring a 200-word summary and allowing opposition groups to challenge petitions before signatures are gathered violates U.S. constitutional protections of free speech and equal protection.

Twelve different initiative petitions were filed in Nevada by citizens groups seeking to amend the state constitution or change laws, according to the suit.

"All 12 were challenged by political opponents. ... and not one is currently left standing," the suit said.

"The fact they knocked them all off makes our case that much more stronger," said Kermitt Waters, a Las Vegas attorney representing the "Committee to Prevent Employers from Seizing Tips," or PEST.

On Wednesday, PEST refiled its initiative over tip-sharing with the secretary of state's office. It also intends to seek a court injunction to block enforcement of the petition laws, Waters said.

If allowed to proceed, petition organizers will have until Nov. 11 to gather 58,836 signatures and force the 2009 Legislature either take action or send it to a public vote in 2010.

Earlier this year Waters also tried to circulate two other ballot initiatives to raise casino taxes and raise money for teachers' pay, highway construction and other projects, but those plans were disqualified by a judge as being too broad.

PEST, an organization back by the International Union of Gaming Employees, in January filed and later withdrew a petition seeking to ban casinos from requiring casino dealers to pool their tips with supervisors after the practice was imposed at the Wynn Las Vegas Resort.

The petition was withdrawn after Wynn Resorts LLC and other business groups that rely on tipped employees challenged the initiative on grounds it violated the state's single subject rule passed by the 2005 Legislature.

The new law also lets outside interest groups challenge petitions before the signature gathering process, and allows the winning side of any court challenge to collect attorneys fees from the loser.

"Because of the legal harassment, costs and uncertainty of whether they can survive a legal challenge, many citizen groups ... forego from fear their right to file and circulate an initiative petition, rather than exercise their Free Speech rights to do so," the latest suit said.

The suit argues that the procedures give special interests, and particularly the powerful casino industry, too much muscle over government.

"Historically, the railroad companies were known as the Robber Barons, controlled the politicians and made sure that the politicians did not pass laws that directly affected their business interests," the suit said. "The casino control over the politicians today seems no different."

(Copyright 2008 by The Associated Press. All Rights Reserved.)