Columnist Jeff German: A bill too far: Racy ad backlash

Tuesday, April 12, 2005 | 11:02 a.m.

Fifteen months ago Bobby Siller made it very clear in this space that the state Gaming Control Board had no intention of turning into full-time morality police on the subject of racy advertising within the casino industry.

That's why Siller was taken aback by Senate Bill 299, which was introduced last month by Sen. Mike Schneider, D-Las Vegas, in the aftermath of a bitter battle over advertising between the Control Board and the Hard Rock Hotel.

The bill sought to restrict the board's longtime authority to take action against casinos that push the limits of decency in their advertising. It would have allowed regulators to impose sanctions only if advertising was false, deceptive or misleading.

But this morning, at a hearing before the Senate Judiciary Committee, it was disclosed that Schneider had withdrawn the measure, much to the delight of Siller and other Control Board members.

"Obviously I'm glad because I think the bill didn't really address the issue of the dispute between the board and the Hard Rock," Siller said. "The dispute was always about compliance and never about being the moral conscience of advertising."

The board had filed a three-count complaint against the Hard Rock last year, alleging that two of its billboard ads, though satirical in nature, appeared to promote illegal activities, such as drug use and cheating at gambling.

The driving force behind the complaint -- and the subject of the third count -- was the board's contention that the Hard Rock failed to abide by a promise to run the edgy ads past an internal compliance committee.

Ultimately, after much legal sparring, the Nevada Gaming Commission tossed out the first two counts. But the Hard Rock agreed to pay a $100,000 fine to settle the charge that it broke its promise to the board.

Prior to this morning's hearing, Siller suggested that SB299 was an attempt to put Nevada regulators, who have an international reputation, in the dangerous position of having to give up some of their authority.

"That's not in the best interests of the state," Siller said.

No one's quite sure who was backing Schneider's push against regulators.

Hard Rock President Kevin Kelley said he wasn't part of it, and casino industry lobbyists insisted they weren't supporting it, either.

But all three Control Board members thought the effort was serious enough last week to sit down with Schneider to explain their concerns.

They apparently had an impact on Schneider.

And that stopped the Legislature from wasting time on a bill it had no business pursuing.

The Board of Regents has the green light to crown Jim Rogers chancellor of the university system this week.

Deputy Attorney General Neil Rombardo said Monday he found no violation of the open-meeting law in the way the Rogers item landed on the agenda of Thursday's meeting.

"I just don't see it right now," Rombardo said.

Regent Doug Hill sent a three-page letter to his 12 fellow regents last week making a case why Rogers should be appointed on a permanent basis and a national search called off.

Hill asked his colleagues to join him in requesting the item if they felt his "arguments have merit." Four regents then telephoned the university system's office and sought to place the item on the agenda.

But Rombardo said he found no evidence that a majority of regents discussed the merits of naming Rogers chancellor outside of an open meeting.

That means the guardians of higher education are free to do what everyone anticipates they will do -- ignore the other candidates found by a well-paid headhunting firm and celebrate the anointment of Rogers.