CHEYENNE, Wyo. (AP) – A state judge said Monday he intends to rule soon on a Cheyenne man’s request to dismiss a lawsuit the Wyoming Lottery Corporation filed against him early this year alleging he tried to sabotage its relationships with national lottery organizations.
Judge Thomas Campbell heard arguments from lawyers representing Edward Atchison of Cheyenne and the corporation.
The corporation sued Atchison in February, accusing him of telling national lottery organizations that the Wyoming corporation isn’t doing enough to address problem gambling.
Lawyer Tim Kingston of Cheyenne urged Campbell to dismiss the corporation’s lawsuit, calling it a “SLAPP suit,” meaning a “strategic lawsuit against public participation” – a legal action intended to discourage any public criticism.
Kingston told Campbell that the corporation is an arm of the state and said it raises constitutional issues for it to sue a citizen critic.
The Wyoming Legislature authorized the corporation in 2013 and lottery tickets went on sale in the state last fall.
“The corporation is obviously unhappy with any criticism against it by anyone, including Mr. Atchison,” Kingston said.
In its lawsuit, the corporation is seeking an injunction against Atchison, who’s the director of a small group called the Wyoming Council on Problem Gambling. He’s written letters to newspapers around the state and to national groups saying the Wyoming Lottery needs to do more to address problem gambling.
The corporation maintains that Atchison has told national groups that it’s not operating according to its statutory mandates.
The corporation maintains that in order to sell tickets to multistate games including Powerball and Mega Millions, it must be in good standing with organizations such as the Multi-State Lottery Association and the North American Association of State and Provincial lotteries.
Kingston told Campbell that the corporation has failed to specify what it alleges Atchison told the organizations that wasn’t true. “They don’t state anything as to what he actually said that was actually defamatory,” he said.
Cheyenne Lawyer Matthew D. Kaufman represents the corporation. He urged Campbell not to dismiss the lawsuit, saying Atchison has criticized the company improperly, intentionally interfering with its contracts. He said the lawsuit gave Atchison sufficient notice of the company’s allegations.
Kaufman said that dismissing the company’s case against Atchison would be a drastic remedy and said that, if necessary, the company could revise its lawsuit against him.
Copyright 2015 The Associated Press.
