The Nevada Gaming Control Board will consider appealing a judge’s decision a week ago to dismiss the effort by regulators to find disgraced casino operator Steve Wynn as unsuitable to hold a gaming license.

The Control Board has scheduled an item surrounding the Wynn matter during Wednesday’s monthly meeting, which will be held virtually. Under Nevada’s Open Meeting Law, any discussion or vote on the possible appeal of a judicial ruling by a regulatory agency must be handled in a public setting.

In a ruling signed Nov. 19, Clark County District Judge Adriana Escobar said Nevada gaming regulators no longer have any jurisdiction over former Wynn because he is no longer associated with Wynn Resorts.

Escobar agreed with arguments brought by Wynn’s attorneys that Steve Wynn’s resignation in February 2018 as chairman and CEO of Wynn Resorts and the sale of his holdings in the casino company removed the Nevada Gaming Commission’s oversight.

In a statement after the ruling, the Control Board said it would review the substance of the court’s decision and consult with its attorneys over its next steps.

Las Vegas attorney Don Campbell, who represented Wynn, said Wednesday in an email, “Over many months, the district court received extensive briefing and oral argument which produced an exceedingly well-reasoned decision in favor of Mr. Wynn. Accordingly, we have every confidence that we will be able to conclusively demonstrate the continuing and compelling merit of our position should Nevada gaming authorities elect to pursue the matter further in yet another forum.”

The Control Board filed a complaint in October 2019 that sought to label Steve Wynn “unsuitable to be associated with a gaming enterprise or the gaming industry as a whole.” Two months later, the Nevada Gaming Commission unanimously voted it had the authority and jurisdiction to rule in the matter but allowed Wynn’s attorney to seek a judicial review.

Escobar agreed with the arguments made by Campbell, who said the five-count-complaint against Steve Wynn was moot. The former gaming executive resigned a week after a Wall Street Journal article uncovered years of sexual misconduct and harassment allegations by Steve Wynn against employees. He has denied the allegations.

Following the Gaming Commission’s December 2019 hearing, Campbell said he expected the Nevada Supreme Court to decide if the Gaming Commission has jurisdiction over a person who is no longer involved in the casino industry. Campbell said Wynn “has no intention (in Nevada) nor anywhere else in the world to re-enter gaming. None.”

In February 2019, Wynn Resorts paid a $20 million fine – the largest in Nevada history – to the Gaming Commission to settle a 10-count complaint that detailed years of failure by former company executives to “report and/or investigate” numerous allegations of sexual assault, sexual harassment and sexual misconduct by Steve Wynn. Massachusetts gaming regulators slapped a $35 million fine on Wynn Resorts three months later.

Eight months later, the Control Board filed its complaint against Steve Wynn. The first four counts primarily covered the sexual misconduct and harassment allegations. The fifth count alleged Wynn failed to appear and testify at a Gaming Control Board investigative hearing.

In her ruling, Escobar wrote, “Respondents fail to provide any authority supporting their jurisdiction over a person no longer involved in Nevada’s gaming industry in any capacity. Importantly, respondents fail to support their position that they have jurisdiction over a person with no intent to be involved in Nevada’s gaming industry in the future. Why? There is none.”

Howard Stutz is the executive editor of CDC Gaming Reports. He can be reached at hstutz@cdcgaming.com. Follow @howardstutz on Twitter.