ACLU threatens suit over state work cards

Adam Goldman

Friday, Nov. 22, 2002 | 10:12 a.m.

The American Civil Liberties Union said it might sue to block implementation of a statewide casino work card law that it says gives the Nevada Gaming Commission unconstitutional powers to investigate an applicant's background.

Gary Peck, executive director of the Nevada ACLU, told the commission at a public hearing Thursday that the work card plan under study needs to be changed to protect workers' privacy. He said there was no reason the commission should have sweeping rights to dig up the personal history of the casino industry's rank-and-file employees.

"There are some limits that need to be imposed," Peck said. "That's why we have the Bill of Rights."

The proposed work card system was created by the 2001 Legislature to allow employees with state issued permits to work at any Nevada casino, ideally saving them time and money. Now, card dealers, change makers, slot employees and other workers must obtain locally issued work cards and get a new one whenever they move to a new jurisdiction in the state.

The problem with the work card system is that law enforcement agencies can use the information without restriction, Peck said, who is worried about police and others having unfettered access to workers' medical and financial records.

"This is supposed to be protecting the integrity of gaming, not building dossiers on people," Peck said before the public hearing. "What happens to the information provided during the application process?"

Peck said the ACLU would explore legal action if the commission instituted the new work card law without altering the proposal.

Commission Chairman Peter Bernhard told Peck that he was willing to consider changes. But Bernhard warned that the commission must approve a casino work card system at its Dec. 19 meeting -- with or without amendments.

"I don't have any misunderstandings about the arguments you are making," Bernhard said. "We will consider anything you propose. We recognize it's a major responsibility."