Culinary battle returns to court

Bill Gang

Friday, Jan. 30, 1998 | 9:50 a.m.

While the Culinary Union flaunts its solidarity in the marathon labor dispute with Tom Elardi's Casino Royale, Elardi continues to drag the union into court in attempts to limit its effectiveness.

Elardi's successes in District Judge Myron Leavitt's courtroom have not been substantial enough to stifle the union effort, and this week's attempts don't seem to promise better results.

Elardi's attorney, Steve Cohen, is asking for a court order to remove a shack holding picketing supplies as a public nuisance.

Leavitt said the shack was built under a permit granted by the Nevada Department of Transportation and said any complaints should be directed to them.

Cohen also said that that pickets' portable radio and shopping carts "stolen from whatever store" also constitute a hazard and a nuisance, but Leavitt didn't seem impressed.

The only issue Leavitt indicated he would consider involved the pickets' use of bullhorns to blare their messages to passersby and customers of the nonunion casino.

Cohen said the noise from the bullhorns constitutes "a grave danger to the community" because of the possibility of hearing damage.

One customer, he said, became so fed up with the bullhorns that she sprayed the picketers with mace.

But Culinary Union attorney Rich McCracken, who has argued similar issues before Leavitt over the Culinary strike at the Frontier Hotel, said that Elardi is trying to stop the message, not the noise.

He said that with the volcano and waterfall at The Mirage and cannons from the Treasure Island exhibit already creating noise, the pickets must use bullhorns or their words would be drowned out.

McCracken noted that Casino Royale uses loudspeakers at its entrance to make commercial announcements.

He denied that pickets are aggressively using the bullhorns to harm tourists, noting that the casino constantly is videotaping union activities and hasn't documented its allegations.

Elardi's frustration appears to be compounded by street vendors that have set up makeshift booths in front of the casino to hawk T-shirts and other souvenirs.

Cohen said the combination of pickets and vendors have clogged the entrance and impeded customer traffic.

Leavitt, who will conclude the hearing on Thursday, said the vendor issue is not involved in the strike case.

The strike against the Frontier began in September 1991, and the labor troubles at the Casino Royale followed a short time later.