Sparks, NV - Nearly 18 months after hearing oral argument on the issue, the Nevada Supreme Court has concluded that portions of Nevada's Ethics in Government Law are unconstitutionally overbroad in violation of the First Amendment.

 

In August 2007, the Nevada Commission on Ethics found that Sparks City Councilman Michael Carrigan should not have voted on the Lazy 8 Project (Hotel and Casino Development) due to his relationship with his former campaign manager Carlos Vasquez.  In today's ruling, the Supreme Court invalidated the "catch-all" provision that the Commission on Ethics employed when determining that Carrigan and Vasquez shared a disqualifying conflict of interest.

 

Delivering the Opinion for the majority, Justice Michael L. Douglas wrote: "Based on the overly broad definition in NRS 281A.420(8)(e) of what constitutes a "commitment in a private capacity," NRS 281A.420(2)(c)'s abstention requirement for this category of relationships lacks necessary limitations to its protected speech regulation. Thus, NRS 281A.420(8)(e)'s application to a wide range of differing commitments and relationships is not narrowly tailored. Accordingly, NRS 281A.420(8)(e) is substantially overbroad, sweeps within its control a vast amount of protected speech, and violates the First Amendment."

 

This decision comes on the heels of the recent decision by District Court Judge Patrick Flanagan that the Commission on Ethics had violated Councilman Carrigan's First Amendment rights in May of 2009 when the Commission required Carrigan to abstain from voting on a Master Plan Amendment associated with the Lazy 8 Project.

 

The two decisions arise out of separate, but related proceedings before the Commission on Ethics.  Judge Flanagan's decision ruled simply that the Commission applied the law in an unconstitutional fashion, whereas the Supreme Court Opinion concludes that a portion of the Ethics in Government Law is unconstitutional on its face, and is therefore invalid. The Commission on Ethics appealed Judge Flanagan's decision to the Nevada Supreme Court on July 22, 2010.

 

 

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