Columnist Jeff German: Adelson, Mormons join hands

Friday, April 25, 2003 | 11:03 a.m.

You can't really call it an unholy alliance. But Sheldon Adelson's hookup in court with the Church of Jesus Christ of Latter-day Saints should turn some heads in the heavens above.

The Venetian owner's Washington lawyers last week filed a brief with the U.S. Supreme Court backing the Mormon Church's fight to keep private a pedestrian walkway in the heart of the church's international headquarters in downtown Salt Lake City.

It is an odd partnership considering the church's strong opposition to gambling and Adelson's devotion to his Jewish faith. But it is a partnership both are exploiting in the hope of persuading the high court to settle a controversy over whether freedom of speech can be restricted on a private walkway used by the public.

The Mormon Church, which on its website calls gambling "immoral behavior," isn't going to any great lengths to publicize the casino mogul's support. Yet it also isn't turning him away. The church is welcoming anyone with open arms in its battle to end anti-Mormon protests on its pedestrian mall, a piece of land the church bought from Salt Lake City for $8.1 million in 1999.

And Adelson isn't backing the church out of the goodness of his heart. For him, this alliance is all about money. He wants to regain control of his sidewalk on the Strip outside the Venetian as he fends off a Culinary Union organizing campaign that, if successful, will cause him to significantly increase his payroll.

Though he owns the sidewalk, the 9th U.S. Circuit Court of Appeals in San Francisco ruled in July 2001 that it is a public forum used by thousands of tourists each day and subject to First Amendment freedoms.

The ruling has given the Culinary Union a big advantage in the organizing fight, allowing union members to periodically conduct public demonstrations outside the Venetian without fear of being arrested for trespassing.

Adelson appealed the 9th Circuit ruling to the Supreme Court, but a year ago the court refused to consider his case.

The Mormon Church, meanwhile, was waging its own fight to stop the protests on the pedestrian walkway, known as Church Plaza.

The 10th U.S. Circuit Court of Appeals in Denver ruled in October that Church Plaza, like the Venetian sidewalk, is a public forum and must remain open to free speech activities.

But in March the Mormon Church appealed the 10th Circuit decision to the Supreme Court, giving the wealthy Adelson one more chance to argue his case before the high court.

His lawyers make it clear in their 12-page brief that they aren't looking for divine intervention.

They argue that the Venetian has a "continuing interest" in the outcome of the legal question presented by the church and wants to "vindicate its rights" as a private landowner.

Adelson's alliance with the church is an obvious sign that he's no closer to settling his differences with the Culinary Union than he was four years ago when the Venetian opened to massive picketing.

It's also a sign that he's still willing to do whatever it takes to carry on the fight.