ACLU still critical of state’s work card proposal

Monday, Sept. 9, 2002 | 11:17 a.m.

A civil liberties group continued its criticism Friday of regulations aimed at creating a statewide work card for casino and other money-handling jobs in Nevada's gambling industry.

American Civil Liberties Union of Nevada attorney Allen Lichtenstein told a meeting of the Gaming Control Board that the new rules don't go far enough to protect the privacy of gaming industry employees.

The rules, which take effect Jan. 1, are aimed at streamlining the application process by allowing gaming workers to take jobs across the state without applying for a new work card.

Lichtenstein said the ACLU objects to language in the draft regulation that gives law enforcement agencies wide-ranging powers to distribute background information on workers, potentially misusing such information for purposes beyond that of gathering criminal histories on work card applicants.

Board members responded that the language is consistent with existing laws that apply to how law enforcement agencies can use confidential information. The issue of privacy rights is important, they said, but should be addressed in further legislation.

"We are usurping (legislative) authority if we were to choose what (the information) can and cannot be used for," board member Scott Scherer said.

"We cannot tell law enforcement agencies how they can use that information," added Kimberly Maxson Rushton, a chief deputy attorney general and adviser to the three-member Control Board.

The board expects to send the draft rules to the Nevada Gaming Commission for final approval by October. Members said they would accept additional comments on the rules and release another draft to the ACLU and other interested groups before then.

Lichtenstein said the ACLU may ask the Legislature for additional protections of work card records.

"We are disappointed that they have chosen not to address this. We hope that they will change their minds," he said after the meeting Friday.

"What would prevent (law enforcement) from investigating someone's medical history, marital infidelities or sexual orientation?" ACLU of Nevada's Executive Director Gary Peck said. "The only thing they should be looking into is the applicant's criminal background, period. They now have the unfettered authority to deny a person a work card based on any factors they deem unreasonable."

"These aren't high-level management positions. We're talking about rank-and-file gaming employees."