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Attorney Tony Sgro, who represents topless club owner Rick Rizzolo, argues Tuesday in favor of a gag order against former City Councilman Steve Miller and the Las Vegas Tribune. At right are attorneys Dowon Kang, Chris Rasmussen and Gus Flangas, who opposed the request. Photo by Gary Thompson.

Wednesday, November 14, 2001
Copyright © Las Vegas Review-Journal

FIRST AMENDMENT: Judge won't gag newspaper

Topless club owner wanted articles on his civil case stopped

A judge refused to issue a gag order Tuesday that would have barred former City Councilman Steve Miller and the Las Vegas Tribune from writing about their ongoing legal battle with topless club owner Rick Rizzolo.

Rizzolo, owner of the Crazy Horse Too, previously filed a defamation lawsuit against Miller and the Tribune. Miller frequently writes about Rizzolo for the free weekly newspaper.

"The problem is, he editorializes the events and puts his own spin on them to the point that they become inaccurate," said Rizzolo's attorney, Tony Sgro.

Sgro argued that a gag order was needed to preserve Rizzolo's right to an impartial jury in the civil case.

But District Judge Nancy Saitta said the attorney failed to show that a prospective jury pool for the case would be prejudiced by coverage in the newspaper, which has a circulation of about 10,000. No trial date has been set for the case.

The judge noted that she could question prospective jurors to find out whether they have been prejudiced by anything they have read. Those who have been prejudiced then would be dismissed.

Attorneys Dowon Kang and Chris Rasmussen argued against the request on behalf of the defendants.

"Our courts have consistently said that prior restraints carry with them a heavy burden of being unconstitutional," Kang said.

Rasmussen warned Saitta that she would be setting a "dangerous precedent" by gagging the Tribune.

In this case, Sgro argued, Saitta should treat Miller differently than other news representatives because of his role as a trial participant.

"There's a problem here, because we have a trial participant who has engaged in a pattern of activity that is likely to prejudice any potential person who is going to hear this case," the attorney said.

Sgro noted that he did not intend to request a gag order on the news media at large.

Review-Journal editor Thomas Mitchell attended the hearing with Mark Hinueber, general counsel for the Donrey Media Group, which operates the daily newspaper.

Also observing the proceedings were Gary Peck, executive director of the American Civil Liberties Union of Nevada, and ACLU attorney Allen Lichtenstein.

"As the ACLU, we are clearly concerned about any restrictions on the press to report on any judicial proceeding," Lichtenstein said after the hearing. "That is such a fundamental concern that this was a case that's important to us."

The attorney said courts have ruled that a gag on the press cannot occur "except in the absolute rarest of circumstances."

"Ultimately, the best guarantee that trial participants will get a fair trial is the openness of the proceedings: the fact that the public can see it and the press can report on it," Lichtenstein said. "That is the absolute best guarantee that we have in this country for fair trials: public scrutiny."