CHEYENNE, Wyo. — A judge has denied a Cheyenne man's request to dismiss a lawsuit the Wyoming Lottery Corporation is pressing against him that seeks to force him to stop criticizing it to national lottery groups and others.
The corporation filed a lawsuit this spring protesting that Edward Atchison had written to national groups and Wyoming newspapers saying the lottery needs to do more to address problem gambling. The corporation seeks a court order directing him not to interfere with its business relationships.
District Judge Thomas Campbell of Cheyenne last week denied Atchison's request to dismiss the lawsuit. The judge ruled the lawsuit gave enough detail to put Atchison on notice of what the corporation's claiming.
However, Campbell ruled he will hold a hearing Nov. 30 on the corporation's request to amend its lawsuit and will require it to provide more detail about its claims.
Cheyenne lawyer Tim Kingston represents Atchison. In his request to dismiss the lawsuit, Kingston argued that it amounted to a "SLAPP suit," meaning a "strategic lawsuit against public participation," or a legal action designed to scare people so they won't criticize or oppose an entity.
"What's important is the judge has said he's going to require the Wyoming Lottery Corporation to flesh out what their claims are, and to provide specific facts of allegedly defamatory statements made by Mr. Atchison, as well as fleshing out the facts of how they were damaged," Kingston said Thursday.
Kingston said the judge's order means the lottery corporation will have to show what contracts or business relationships it has that might have been impaired by Atchison.
"We've believed that they don't have any facts that support their claims," he said. "Now they're going to have to put up or shut up."
The Wyoming Legislature authorized the lottery corporation in 2013, and tickets went on sale last fall. Kingston said it's clear the corporation is a state entity.
"It was created by the Legislature, authorized by the Legislature, signed by the governor," Kingston said. "I believe they are a state agency or entity, and they have the resources and power of the state. And for a state entity to claim that it's been defamed by a citizen who has First Amendment rights, I think is an outrageous thing and a very chilling thing."
Cheyenne lawyer Matthew D. Kaufman represents the lottery corporation in the lawsuit. He declined comment Thursday on Campbell's ruling.
In an interview in March, after the lawsuit was filed, Kaufman said the lottery's action against Atchison is not a "SLAPP suit."
Kaufman said in March that in order to sell tickets to the multistate Powerball and Mega Millions lotteries, the Wyoming lottery must be in good standing with organizations such as the Multi-State Lottery Association and the North American Association of State and Provincial Lotteries.
Kaufman said in March that Atchison had contacted the national lottery groups and alleged that the Wyoming lottery was not operating according to its statutory mandates. He said Atchison's actions threatened the existence of the lottery, and the lottery felt it had to file the lawsuit to protect itself.
They are following the allegations are true playbook, demonize the whistleblower.
Are they demonizing the whistleblower? I read it that the court was telling the corporation to put up or shut up (prove you have legitimate grounds for your suit or go away). What did I miss?
What would you call the Wyoming Lottery Corporation pressing charges against Edward Atchison seeking to force him to stop criticizing the Wyoming Lottery Corporation to national lottery groups and other media? I would call it demonizing!
The "THEY" in this case is the Wyoming Lottery Corporation. So nothing missed, simply mis understood in the context. The Lottery is trying to make an example of this man. Unknown though what specifically was said, that could fall under defamation.
The Court is playing referee and following protocal that the burden of proof lays with the plaintiff ( Wyoming Lottery).
My take is that the man is an anti-gambling fanatic, looking to harm the state lottery.
Think about it this way: if someone made it their mission to tear YOU apart, spreading unfair and untrue accusations to your place of work, your friends, and your family, don't you think you would want to legally make them stop?
In most ways, corporations are treated the same as people in the eyes of the law.
IMO, both sides are being silly.
Wyoming only has one state drawn game, but sells MM and PB for a total of 3 games. If somebody is claiming they have a gambling addiction from those two games or the $5 a ticket "Cowboy Draw", there is no hope for them.
The state lottery officials don't get a pass either because of the First Amendment and what Atchison is saying is absence of malice. And besides Wyoming only has the one drawn game and it's RNG.
Agreed all around.
You can tell the Wyoming Lottery is new: They still have a thin skin. Wait until they've been around a few more years and they'll develop that rhinoceros skin that's necessary in order to be in this industry.
It's difficult to say without reading what Atchison said via Social Media or without knowing if he campaigned against the formation of the Wyoming Lottery.
Unfortunately when it's a State vs a Citizen the Citizen is at a disadvantage because the State has Resources available to it far exceeding what is available to the average Citizen.
This Gordian knot must be cut with the wisdom of Solomon. Thank God for Judges.
As a supporter of lotteries, I believe people should have the right to criticize lotteries if they wish. I don't know the exact details, but it's not a good look for the lottery.
I wonder what the guy's username is here on LP!
That's the first thing I thought of is who is he or she?
If it is someone on LP, does that person have the guts to come out?
"stop criticizing it to national lottery groups and others."
Do we know what he is saying to the other agency's?
I agree to a certain extent that he may be a an anti-gambling nut, they are out there, but not all are like that and EVERYONE is entitled to an opinion.....are they not? In the case of NCEL, they want to increase the amount of their advertising budget by 1% (Approx 1/2mil) to drive sales up, but no mention of extra contributions to problem gambling programs (per NCEL Committee minutes). They used to run a "Know when to say when" problem gambling campaign, but have not seen one commercial pertaining to anti-gambling since they made it their mission to increase sales (again in the minutes) and take over the #12 national spot.
There are MANY in NC that believe NCEL has corruption/cheating in play. If they want to haul me into court for accusing them of such, I will have MANY standing next to me and we will say to "Prove otherwise" as they defy laws of mathematics most days.
While I am a supporter of legal gambling and reasonable play.........In the end, I believe some lotteries are no different than a large greedy corporation now days. They will do whatever it takes to make you believe you will win no matter what, while they drain folks pockets while not looking back and all in the name of profit.
ummm... gulp... yea, me too, gulp, errr... yep sure do, I wonder myself who he is... HE, I didn't mean to say he,gulp... it could be a she to... of course it can... he or she. I wonder who he or she is here on the ole' lottery post... Sure do wonder....
This guy needs to get a life and go away
"in order to sell tickets to the multistate Powerball and Mega Millions lotteries, the Wyoming lottery must be in good standing ..."
So what's the problem? They think that MUSL and the Association of State and Provincial Lotteries are going to toss them out because one guy complains about them? If they only get complaints from one or two people about each state then the people who aren't happy with some aspect of their state's lottery must not know how to write letters or send emails.
I would agree with you had his criticism made any sense. His issue is not with the lotteries but with those who have a gambling addiction. That cannot be the responsibility of the lotteries or any other gambling business.
If he's concerned about those who cannot curb their gambling habits, then his energy should be put into getting help for the people who need it, in a practical and constructive way. Like say publicizing Gamblers Anonymous.
What he's doing is counterproductive and would be like me saying I'm addicted to chocolate so I'll smear Hershey's reputation because they won't help me stop eating their product.
What you have overlooked is the other additives that Hershey has put in their chocolate to make it more addictive than it is on its own!
Where is the documentation , ? I believe the judge is requesting this from the public entity. Burden of proof, again, remains with the plaintiff to produce.
Tobacco has warning labels. Alcohol as well. Gambling needs a warning established as well. Our casino's have. them, as does our lottery. No harm in asking this for the wyoming lottery.
Its an odd way to get attention, yet the Plaintiff is gambling that the judge will favor a cash cow. I don't see this fairing well for the lottery.
"I don't know the exact details, "
It's simple, "Edward Atchison had written to national groups and Wyoming newspapers saying the lottery needs to do more to address problem gambling". Apparently he believes players will become problem gamblers by playing MM, PB, the low payoff $5 a ticket Cowboy Draw, and probably premium bonds too.
And the Wyoming Lottery seems very paranoid about criticism.
If i were the Judge i would tell him it's only problem gambling when your losing then when he says no way i would say Wanna bet.
I have a real problem with this one. On the one hand, this man seems like a anti gambling zealot who wants to "warn of problem gambling" and that to me is often someone making a moral judgment about the lottery or any form of legalized gambling. These folks ignore all the good that comes from lotteries..not just the winners, but in terms of jobs and the proceeds used for education, infrastructure or whatever.
On the other hand, this is a free speech issue. You will always have people critical and praising anything, but to get sued for "interference with contract"or financial relations...oh come now. Even if the guy reported the Wyoming lottery to regulatory agencies, I assume they would investigate and if it was nonsense would say so. So I think the greater danger is to our Constitution, so even though I do not like these cry baby sorts about the evils of gambling, free speech would win every time for me. Unless the guy is outright falsifying claims, the judge should throw it out. Wyoming should get a thicker skin, if they are following the rules...hopefully these agencies will say so.
So glad I saw your posting. I have never heard that one before. That was HILARIOUS!!!! I have heard "I do not have a gambling problem...until I run out of money to gamble with" BRAVO...you made me howl...I AM STILL LAUGHING....
Who the heck does this guy think he is, waste of tax payers for court room with no case. What a fool, if lawyers are involved he will pay more in fees than buying tickets in the first place... 15 minute media seeking bumb.
"Who the heck does this guy think he is"
I'm pretty sure he thinks he's the defendant. You know, the guy that's being sued, not the guy who's suing.
"I don't know the exact details"
If only there was some way to find more information about it. You know, a place where you could ask questions and find out where the answers might be. Maybe some kind of collection if pipes or something like that.
oh, I thought it was the other way around lol
misleading title
How can the lottery prove this man caused a drop in sales?
If he doesn't like lotteries that's his problem-don't play. Seems he has a deeper motive--to get rid of the lottery. Anyone with a gambling problem can contact Gamblers Anonymous on his/her own.
The lottery should not have followed up this foolishness.