Venetian files new suit over sidewalk protests

Bill Gang

Tuesday, May 4, 1999 | 10:40 a.m.

The Venetian filed a lawsuit in District Court against the Culinary Union on Monday, hoping for a court order to clear the sidewalks of protesters and cut the noise.

It is a battle that Venetian owner Sheldon Adelson already fought and lost in federal court, but continues to pursue at the 9th U.S. Circuit Court of Appeals.

Monday's lawsuit apparently was prepared in advance of the grand opening and in anticipation that the Culinary and Bartender's unions would follow through with their promises to protest the opening of the resort as a non-union shop.

The lawsuit, filed through attorney Rodney Jean, alleges the pickets trespassed on the Venetian-owned sidewalk along the Strip and blared their messages on amplified equipment that was so loud it "constitutes a public and private nuisance."

Union attorney Richard McCracken downplayed the importance of the lawsuit, saying, "This is the way Sheldon Adelson does business."

"He's a lawsuit bully," McCracken said, vowing to do whatever it takes to fight the latest legal maneuver and predicting victory in court.

He said the decibel levels of the amplified protests are below the level set more than a year ago by then-District Judge Myron Leavitt for other union protests.

The lawsuit states the noise near the Plaza area of the Venetian "assaulted the patrons and members of the general public ... and substantially interfered with the Venetian's right to use its property."

The lawsuit seeks injunctions that would halt the unions' sidewalk demonstrations or at least prevent the picketers from blocking entrances.

As part of the legal action, the Venetian resurrected its claim that since it actually owns the sidewalk in front of the resort the picketers are trespassing.

U.S. District Judge Philip Pro, however, already denied a Venetian request for a temporary restraining order and preliminary injunction barring protesters from the resort's sidewalks on that legal argument.

That federal court issue arose after 1,300 Culinary and Bartenders Union members picketed the Venetian March 1. Police refused to arrest the protesters after Clark County District Attorney Stewart Bell ruled the sidewalks would likely be considered a public forum by the courts.

Pro ruled that while property owners generally have a right to bar protests from their property, that right does not extend to a private sidewalk that performs all the functions of a public sidewalk.

Sun reporterJeff German contributed to this story.