Downtown casino owner loses appeal

Thursday, June 5, 2003 | 9:51 a.m.

CARSON CITY -- Herbert Pastor, the owner of Mermaids and La Bayou casinos in downtown Las Vegas, has lost his appeal to the Nevada Supreme Court that his clubs should be allowed to use a loud sound system to draw customers.

Pastor's clubs employed greeters using cordless microphones, and he claimed he used them with no problems from 1993-2000. He also claimed other Fremont Street clubs used similar tactics.

The Fremont Street Experience Limited Liability Company then enacted a policy prohibiting the use of these microphones. It said it received complaints from tourists and others about the noise.

But Pastor's clubs continued using the tactic, and Experience officials said the "hawking" tactics used at the clubs could be heard throughout the Fremont Street Experience.

The Experience filed suit, alleging breach of contract. "While Pastor argues that there was no meeting of minds between him and Fremont Street Experience, the record demonstrates that Pastor agreed to cease projecting amplified sound into the pedestrian mall in exchange for Fremont Street Experience's promise that its members would do the same," the court said in its ruling Wednesday.

It also found the Experience has the authority to enact a policy prohibiting the projection of amplified sound.

In other cases:

The court upheld the ruling of District Judge Valorie Vega, who said Linda Fallica's temporary disability benefits ended when she did not interview at the Mirage for jobs that would have accommodated her restrictions after an injury. The Mirage fired Fallica after she did not participate in the interviews.

McGinnis was sentenced to four consecutive life terms for the fatal shooting of Henry "Hank" Doepke, whose body was found in the desert near Mesquite.

McGinness claimed there were errors made in the presentation of evidence to the grand jury that indicted him. The court denied his claims.