4.6. Peppermill Security Policy
Posted by: "nightoftheiguana2000" nightoftheiguana2000@yahoo.com
nightoftheiguana2000
Date: Fri Feb 13, 2009 12:20 pm ((PST))--- In vpFREE@yahoogroups.com, "mickeycrimm" wrote:
> The judges are casino friendly.That's why you need a lawyer. I'm not a lawyer but even I know the
trick is to go through the hoops and appeal to the federal level,
where the judges are not at all casino friendly. You could try to do
this yourself, but most likely only a lawyer knows the specific tricks
involved, that's why they are lawyers. Also, even before court phases,
almost all businesses will negotiate much better terms with a lawyer
than with an individual citizen, they pretty much know they can push
individual citizens around as long as they have lawyers and you do
not. Don't pick a dog fight without a dog.
I'm not a lawyer either, but usually the highest you can "appeal" a state law is the state supreme court, not to the federal level unless you can make a "federal case" out of it. Again, I don't know the law, but if I were a betting man (and I am), I would bet that the Nevada Trespass Act has already been taken to the federal level and either rejected as not in conflict with federal law or as "state's rights", or otherwise upheld. Can't imagine that this hasn't been taken as far as it will go before.
And I also agree that if the facts are as presented, there's no case anyway. You can always try to win a civil suit of course, if you can either find an attorney to take it on contingency (not likely with such a weak / perhaps no case at all), or if you want to pay one out of your pocket for his time, win or lose. Probably not a good idea economically in this particular case. Has been done successfully when the casinos have violated someone's rights even under the Nevada law, but doesn't sound like the case here.
In this case, there doesn't even seem to be a good defense against a criminal charge, if one were filed (not sure that's where this is). If you file a civil suit, I don't think it matters whether or not this was an alleged misdemeanor / felony; state law may still allow you to ask for a jury trial of the case -- but it also may require you to pay the costs of the jury, and the defendant, if you lose, depending on the state, I think.
--BG
ยทยทยท
=============