FOR IMMEDIATE NEWS RELEASE
FROM: CLERK OF
SUPREME COURT OF LOUISIANA
On the 15th
day of October, 1996 , the following action
was taken by the Supreme Court of Louisiana in the case(s)
WATSON, J. :
2204 CHARLES A. BROWN D/B/A TRIAMBIENT LOUNGE AND
RESTAURANT v. STATE OF LOUISIANA, THROUGH THE DEPARTMENT
OF PUBLIC SAFETY AND CORRECTIONS, LOUISIANA GAMING CONTROL
BOARD (Parish of East Baton Rouge)
is clearly unconstitutional under the First Amendment
to the U.S. Constitution insofar as it prohibits contributions
to committees supporting or opposing ballot measures.
The equal protection question is pertermitted. The trial
court correctly found the law unconstitutional in part
and granted a preliminary injunction. The trial court
judgment is affirmed. The State of Louisiana and the
Louisiana Gaming Control Board are enjoined against
enforcing R.S. 27:13(C)(6) and Emergency Rule 107 insofar
as they prohibit contributions, expenditures and loans
to independent committees unconnected with candidates.
Any rehearing application must be filed within forty-eight
hours of rendition of this opinion, which is handed
down at 2:35 p.m., October 15, 1996.
ISSUED. REHEARING DELAY LIMITED TO FORTY-EIGHT HOURS.
VICTORY, J. -
not on panel. Rule IV, Part 2, Section 3.
J. - dissents and assigns reasons.