Wilkinson's Case(Casino Trespass)

ZenKinG

ZenKinG

Well-Known Member
So it turns out after digging through some information and research, I came across the Nevada District Court Wilkinson's Case. Turns out Nevada is prohibited from trespassing you without first giving you the option to leave each and every time even if you were previously warned not to return. That's major news to me because I was recently threatened by security and a shift manager that I would be trespassed and I needed to give them ID. Of course I didn't give them anything and held my own and they kept trying to threaten me saying I'm going to get trespassed and what not. They eventually let me go and escorted me out and told me next time I come back, Im being trespassed. Another casino even tried to tell me that im barred from playing blackjack, but I can play anything else. Funny how they tried to sneak in the word 'barred' when it was really just a backoff.

But after finding out about the Wilkinson's decision, it turns out, that was all just one big bluff as casinos tend to do, just like when they say I'm required to give them ID just like in this encounter. I won't return to this property anyway for 3 months or so, but it's just good to know about this District Court decision. It will really puts me more at ease even after a trespass warning. I've only been trespassed once before in my career and that was back in PA where I was trespassed through the mail and I'm not sure that even holds any weight because I was never even read the Trespass Act with police there to witness it. I feel like all around the country, it's just one big bluff to get you to not return to their premises.

Anyone in Vegas have experience returning after a trespass warning or being read the Trespass Act and still returning without being arrested?
 
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KewlJ

KewlJ

Well-Known Member
Yep, also many times. The concept of trespass for card counting is sort of a bluff or intimidation tactic. Casinos are counting on the player not knowing the law and his rights. That is what bully's do. o_O Now on issues like stealing, cheating, or even disorderly conduct, creating a disturbance, it is a different story.....a trespass is real. So you have to be sure the casino doesn't throw some phony "creating a disturbance" charge at you.

For card counting, I treat trespasses of which I have only had a couple very similarly to a backoff. I take that store out of my rotation for a little while and when I return be sure to return on another shift and avoid the people that I was able to see that were involved for even longer. That is why a fairly large rotation is necessary.

I did have one incident at the notoriously sweaty place in Vegas, where I returned daily after backoffs and an eventual trespassing. I was sort of matching wits (or thought I was with one particular pit guy, who developed a strong 'dislike" for me. Eventually when threatened, I pointed out that he had to give me the opportunity to leave via the Wilkinson case which only added fuel to the fire. Very stupid. No benefit to big egos and playing games like that. That is just immature stuff.
 
ZenKinG

ZenKinG

Well-Known Member
What about in other states such as PA? Is there a Supreme Court, appellate, or any type of precedent that can be relied upon in other states?
 
LV Bear

LV Bear

Administrator
The Wilkinson case was a local court ruling that is not binding on any other court. Rely on it at your own peril.
 
ZenKinG

ZenKinG

Well-Known Member
LVBear, I believe you're wrong due to the decision coming from an appellate court and any trespassing case similar to Wilkinsons will now be ruled upon the stare decisis principle. Unless you can find a trespassing case done at a higher court jurisdiction such as the Supreme Court with a different decision or even at the appellate level, this has BINDING PRECEDENT.
 
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G

Good Guy

Active Member
I echo the warning by LVBear. I do not expect most security persons in casino to be familiar with Wilkinson case even if it was a supreme court case. So, you might prevail at court at the end but that case will not affect if you will be arrested in casino or not. I believe it will depend on the place, you prior history, and how well known you are to the security persons.
 
KewlJ

KewlJ

Well-Known Member
To me the benefit of having knowledge of the Wilkinson case and as much legal cases and state laws as you can, is not about winning anything in court. I am not interested in expenses, time and name recognition and all the negative that would accompany that, involved in fighting anything in court. I'll leave that to the LvBears, Grosjean's and Mr. Nersesian.

But the benefit of knowing your rights along with some of these legal cases and mention of a name of something such as the Wilkinson case, is it tells those low level security people and even suits that you know a little something and there may be consequences to their bullying and intimidation tactics. They then will often back away because that's all it is an attempt to intimidate you. Those low level security/suits usually have no authority to even get involved in that stuff.

Similarly, the only time I was heading for a back room incident, 10-12 years ago, on a trip, before I moved to vegas, I was being escorted to a room off the casino floor at one of the big strip casinos by suits and security. In the middle of the 'march' to wherever they were taking me, I told the suit, that I wanted to call my attorney, Bob Nersesian. The "march" came to an immediate halt. The suit leading the way, spun around, glared at me and muttered "go on, get the hell out of here". And I did....I ran like the wind. :eek:

I didn't know, nor hadn't even met Mr. Nersesian at that time, but just mention his name, let that suit know that he wasn't going to bully and intimidate this skinny, early 20's year old kid, with no consequences like he thought he was. THAT is the benefit of educating yourself in this manner....the possibility of avoiding a situation, not winning anything in court (at least for me).
 
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