Legal Case Summary
Summary: Resnick, a lifetime casino ban recipient, challenged the Commission's authority but was ultimately denied by the Supreme Court of Nevada.
Facts
Plaintiff Arnold Resnick, an erstwhile professional gambler, was put on the Black Book, an exclusion list of the Nevada Gaming Commission which banned him for life from entering any casino in the state. This was due to his alleged involvement in gambling-related crimes. He contended that he had never been charged or convicted for such accusations.
Resnick issued a legal challenge against the Commission, arguing it did not possess the power to issue such a ban and that the ban violated his constitutional rights, particularly those related to equal protection, due process, and freedom of association.
Issues
This case primarily addresses questions on the authority of a gaming commission to restrict individual access to its licensed establishments as well as issues regarding a potential infringement of constitutional rights. The major question for determination was whether the Nevada Gaming Commission was within its legal right to permanently ban Arnold Resnick from entering any casino in the entire state. There was also the question of the constitutionality of such a ban – whether it violated Resnick's rights under the Constitution.
Analysis
This decision strengthened the regulatory powers of the Nevada Gaming Commission by upholding its right to ban individuals from casinos. The impact upheld the essential relation between individual exclusion and the effective regulation of the gaming industry on integrity grounds. The case also affirmed the non-infringement of constitutional rights in the context of regulatory measures in the gaming industry.
The judgement has ramifications for similar regulatory issues in other industries where the balance between regulatory needs and individual rights need to be struck.
Decision
The Nevada Supreme Court affirmed the Commission's order asserting that the regulatory nature of the Nevada gaming industry justifies the power to exclude persons involved in organised liability threats. It also ruled that no constitutional rights of Resnick were infringed in the process. Going further, the Court stated that Resnick's due process was adequately served by the hearings conducted before his placement on the Black Book.
References
- Resnick v. Nevada Gaming Comm’n, 104 Nev. 655, 764 P.2d 208 (1988).
- Nevada Gaming Control Act, Nev. Rev. Stat. § 463.151 et seq. (1987).
Journalist Brief
In a significant decision, the Nevada Supreme Court ruled against Arnold Resnick, a professional gambler, who was banned by the Nevada Gaming Commission from visiting any casino in Nevada. Resnick objected to this, arguing it was unconstitutional and the commission did not have the power to fulfill such a ban. The court, however, ruled in the favor of the commission, asserting that in the context of regulating the gaming industry, such a ban was justified. The court also noted Resnick's constitutional rights were not violated in the process.
FAQs
What was the final decision in the Resnick v. Nevada Gaming Commission case?
Answer: The Nevada Supreme Court upheld the power of the Nevada Gaming Commission to ban individuals from casinos and ruled that no constitutional rights of Resnick were infringed.
Who is Arnold Resnick?
Answer: Arnold Resnick is a professional gambler who was banned from all casinos in Nevada by the Nevada Gaming Commission due to alleged involvement in gambling crimes.
What is the 'Black Book' referred to in the case?
Answer: The 'Black Book' is an exclusion list of the Nevada Gaming Commission which issued permanent bans on individuals with alleged involvement in illegal gambling activities from entering any casino in Nevada.
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