Mark Johnston is suing Las Vegas’ Downtown Grand hotel for allowing him to continue gambling while drunk. Johnston argues that he was visibly drunk to the point of blacking out, therefore he should not be responsible for his gambling losses over Super Bowl weekend. Johnston claims that the Downtown Grand hotel loaned him $500,000 while he was visibly intoxicated. Nevada law disallows casinos and other establishments to serve obviously drunk patrons alcohol, make cash loans and casinos are responsible to prevent those patrons from gambling.
Should Mr. Johnston win this case this will open the flood gates for other gamblers to claim the same when they suffer losses. Las Vegas will have a tough time defending themselves against cases like these because they are superficial. How can casinos unilaterally prevent obviously drunk people from gambling? With most casinos close in proximity, people can freely walk from casino to casino to attempt to gamble while drunk.
Travelers could see prices rise if Vegas has to defend themselves in multiple “drunk gambling” cases. Another possibility is that comped drinks will go away to prevent people from getting drunk in casinos. While it’s too early to tell, Las Vegas regulars are surely keeping a close eye on the outcome of this pioneering case.
While casinos should pay the consequences for breaking laws, a law such as this is hard to enforce. Who’s to say that Johnston was visibly drunk? As of right now, the only person saying that is Johnston himself. The hotel representative surely knows the laws of Nevada regarding loans and intoxication, especially when the loan amount is half a million dollars. In these types of “he said/she said” lawsuits nobody wins.
Reports indicate that Mr. Johnston started drinking virtually the moment he reached Las Vegas. He consumed alcohol in the limosuine, at dinner with friends, and this is when Johnston testifies he blacked out. This begs the question, when are casinos responsible for their patron’s actions? Should the Downtown Grand hotel be responsible for Johnston’s drinking in the limo, at dinner? If the representative didn’t believe Johnston was drunk, the courts may find that Johnston is still liable for the loan. However, if Johnston can prove that he had consumed enough alcohol, the casino will have to forgive the loan.
In the end, the ones who lose are the travelers. Those who like to frequent Las Vegas may end up finding the deals not so sweet. Everything from room rental prices to the buffet, shows to souvenirs could end up skyrocketing to cover the losses that casinos will get. The old adage still remains, in Las Vegas, the casinos always win.