Mirage wins rulings

Sun Staff

Wednesday, Oct. 3, 2001 | 10:33 a.m.

CARSON CITY -- The Nevada Supreme Court Tuesday handed twin victories to the Mirage hotel-casino in Las Vegas -- one in a judgment against the resort and the other allowing it to stop distribution of pornographic literature on its sidewalks.

The court granted a motion by the Mirage for a re-hearing in a case in which Joseph Canterino, a New York dockworker, was awarded a judgment after he was allegedly beaten and robbed of $100,000 at the Strip resort in 1992.

The court in January ruled there should be a new trial for a jury to decide only the amount of money that should be given Canterino.

Mirage had sought a re-hearing, saying the new trial should also include the issue of liability of the casino. The court agreed to reconsider the case again.

The court ordered a new trial in January because District Judge Stephen Huffaker didn't let two jurors help determine the amount. The court in that decision found the Mirage was liable.

A jury awarded Canterino $5.8 million but Huffaker ruled the amount was excessive and reduced it to $1.5 million. Canterino refused to accept the smaller amount so Huffaker ordered a new trial.

Canterino appealed to the Supreme Court, seeking reinstatement of the original $5.8 million. The court on Jan. 29 ordered a new trial on the only issue -- how much money Canterino was entitled to.

In the second ruling Tuesday involving the Mirage and its sister resort, Treasure Island hotel-casino, the court refused a re-hearing on its split decision that the two resorts can stop the distribution of pornographic handbills on the private sidewalks in front of their properties.

The Supreme Court ruled in a split decision in May that private property does not lose its private nature because it is open to the public.

The original decision by the Supreme Court conflicts with one by the 9th U.S. Circuit Court of Appeals that ruled that the private sidewalk across the street at the Venetian hotel-casino was public and the Culinary Union had a constitutional right to demonstrate on it.