ACLU Says Video Lottery Advertising Ban Violates Free Speech
FOR IMMEDIATE RELEASE
February 27, 2007
CONTACT: Andrew Schneider, (304) 345-9246; Roger Forman, (304) 346-6300
CHARLESTON, WV – In a lawsuit filed today, the American Civil Liberties Union of West Virginia asked a federal court to overturn the state’s ban on advertising and promotions by limited video lottery licensed retailers. The ACLU is representing the West Virginia Association of Club Owners & Fraternal Services in the case.
“Barring Association members from advertising or promoting their video lottery operations violates their First Amendment right to engage in truthful speech about a legal activity,” said Andrew Schneider, Executive Director of the ACLU of West Virginia. “Suppressing this type of speech is directly contrary to the value of unfettered access to information on which our society is based.”
Approximately 200 prohibited names and symbols cannot be used in Association members’ exterior signage and advertising according to a list issued in 2004. Banned are words representing playing cards (ace, diamond, heart, king, trump), luck, chance, and any known casino or casino destination. One club owner had to persuade the Lottery Commission to let him use the word “club” in the name of his business, because “clubs” is a suit of cards.
In passing the Limited Video Lottery Act the Legislature exercised its authority under the state constitution to establish lotteries that are “regulated, controlled, owned and operated” by the state. But although it can and does regulate commercial enterprises like those of the video lottery licensees, the state should not be in the business of hiding information from the public, according to Roger Forman, attorney for the Association. “West Virginians are perfectly capable of making their own decisions about gaming, based on truthful information about what’s available to them,” he said. “There are other ways to address concerns about gambling without muzzling small business owners.”
The lawsuit, filed in the United States District Court for the Southern District of West Virginia in Charleston, alleges violation of Association members’ rights to free speech under the United States and West Virginia State Constitutions. It asks the Court to declare that the statutes and regulations banning advertising and promotion by video lottery retailers are unconstitutional and to enjoin their enforcement.
ACLU cooperating attorney Roger Forman and ACLU of West Virginia legal director Terri Baur represent the plaintiffs.
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