Wynn Resorts files lawsuit against 20 ‘unknown’ individuals over Labor Day fight at Encore

September 11, 2020 11:31 PM
  • Howard Stutz, CDC Gaming Reports
September 11, 2020 11:31 PM
  • Howard Stutz, CDC Gaming Reports

Wynn Resorts filed a lawsuit Friday against some 20 unknown individuals over a fight that took place on Labor Day weekend in the lobby of the company’s Encore resort on the Strip. Videos of the fight were shared on social media.

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The lawsuit, filed in Clark County District Court, is seeking to recover damages to area from the fight that took place after midnight on Sept. 6.

“Because the identifies of those individuals are not yet certain, we’ve presented their names as John ‘Does 1 through 20,’” Wynn spokesman Michael Weaver said in an emailed statement accompanying the complaint. “We’ve begun an investigation, using video footage and other material, to identify them and will update the suit as we determine their identities.”

The company plans to seek more than $15,000 in damages and other fees and costs from the parties.

“While their actions may have been isolated and lasted only moments, the damage they caused to Wynn and to the gaming industry still reeling from the effects of the COVID-19 pandemic is incalculable,” Wynn attorneys wrote in the lawsuit.  “Wynn is prepared to do whatever is necessary to pursue and press all possible charges against these “individuals to the full extent of equitable and legal remedies available.”

A woman who witnessed and recorded the fight – the video was uploaded to YouTube and has more than 41,500 views – told the Las Vegas Review-Journal the incident soured her on Las Vegas, a place she visits three to five times a year.

“But with this incident that just happened, I just don’t feel safe anymore,” Akemy Lara of California told the newspaper.

The Las Vegas Metropolitan Police Department said on Tuesday violent visitors “will not be tolerated” after its downtown area command arrested 28 people and issued 27 citations on the Friday of Labor Day weekend.

In the complaint, Wynn Resorts said the individuals’ actions violated the company’s terms and conditions of entry.

At approximately 12:32 a.m., the lawsuit said an unknown male dispersed cash in the air (“made it rain”) in front of the Encore Lobby Bar. Due to that action, a crowd formed.

“As that group of 15-20 persons were being escorted out of the Encore Las Vegas by Wynn security, an unknown male and unknown woman were walking into the same area and exchanged words another unknown male being escorted from the resort.

A fight broke out between the two males and after one of the participants was sucker punched another fight began with multiple unknown males and females

“During this same time, another male began swinging a liquor bottle hitting several persons,” according to the complaint. “Two security officers were struck by unknown males. In the process, a veridoc machine, plants and stanchions were damaged.”

In the lawsuit’s introduction, attorneys for the casino operator wrote the company, “seeks to honor its long-held commitment to protect the safety and security of its guests and employees.  Be assured, Wynn will not sit idly by when anyone engages in mayhem or flouts government-imposed safety measures in violation of Nevada law.  Wynn will aggressively pursue all options to hold these individuals accountable even after they flee from Wynn’s buildings and away from Nevada’s borders.  In taking such action, Wynn seeks to quash any mistaken belief that Wynn would ever tolerate any intrusion upon the safety and wellbeing of its guests and employees.  Wynn will not.”

Weaver said this week that the company is increasing its room rates and investment in its security workforce and procedures following the fight. The company has no record of injuries from the incident.

Wynn, like much of the Las Vegas Strip, is seeking to regain its footing following a 78-day closure that ended June 4 in an effort to slow the spread of the coronavirus pandemic.

Since the reopening, gaming revenues on the Strip declined 61% in June and 39% in July as the market seeks to regain business lost due to COVID-19. Lack of airline travel and an all-but shuttered convention business has been blamed for the declines.

In August, Wynn Resorts CEO Matt Maddox said the company’s weekend occupancy of about 50% and 30% percent during midweek and its two casinos, Wynn Las Vegas and Encore,

Maddox said the company’s business is primarily drive-in customer traffic from California and Arizona with not a long booking window.

Weaver said Friday the lawsuit was to send a notice will have a “zero tolerance” for disruptive or violent behavior.

“It is our intention to aggressively take this type of action against anyone who engages in similar behavior at Wynn or Encore in the future,” Weaver said.

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