Gaming Commission dismisses two of three Hard Rock complaints

Friday, Sept. 24, 2004 | 5:12 a.m.

Richard N. Velotta

The Nevada Gaming Commission on Friday dismissed two of three counts of a complaint it had against the Hard Rock Hotel for a controversial advertising campaign.

The action, taken after a two-hour hearing, rejects concerns the state Gaming Control Board had about the content of billboards and print advertisements the company had last year.

The unanimous decision will result in the commission conducting a hearing Nov. 18 on the third count of the complaint, which involves the Hard Rock's alleged reneging on an agreement it had with regulators about reviewing all of the hotel's promotional efforts.

Commission Chairman Pete Bernhard recommended that Hard Rock attorney Jeffrey Silver and Control Board attorney Toni Cowan continue to try to hammer out a settlement, which may be possible, now that issues about advertising content are out of play.

At issue in the Control Board's initial complaint were two ads. One showed a scantily clad man and woman on a gaming table, surrounded by playing cards and poker chips, with the caption, "There's always a temptation to cheat." The second ad showed a truck driver and read, "At the Hard Rock Hotel, we believe in your Monday night rights: large quantities of prescription stimulants (and) having wives in two states. Tell your wives you are going; if they are hot, bring them along."

Commissioners concurred that the ads were satirical in nature and did not condone illegal activity, although some expressed concern about how it represented the image of gambling and Nevada.

Commissioners decided since the ads did not promote any illegal activity, the Control Board's complaints about them should be rejected. Issues of community decency standards, obscenity or whether the company's First Amendment rights to present the ads didn't play a role in the decision.