A federal judge has dismissed claims against several Vegas casino operators in a lawsuit alleging they benefited from the sex trafficking of a minor.
A federal judge has dismissed claims against several Las Vegas casino operators in a lawsuit alleging they benefited from the sex trafficking of a minor on their properties.
Chief US District Judge Andrew P. Gordon granted motions to dismiss filed by MGM Resorts International and Boyd Gaming Corporation in a case brought by an anonymous plaintiff identified as Tyla D.
The judge also granted the plaintiff one month to amend her complaint, however.
The lawsuit alleged the casinos turned a blind eye to her being trafficked for commercial sex work, first as a minor in 2006-2007 and again as an adult in 2013.
The judge ruled that Tyla D.’s federal claims under the Trafficking Victims Protection Reauthorisation Act (TVPRA) were filed after the 10-year statute of limitations had expired.
While the plaintiff argued for equitable tolling due to emotional trauma, Judge Gordon found she had not demonstrated the extraordinary circumstances required to extend the filing deadline.
More fundamentally, the court found the complaint failed to plausibly allege that the casino operators knew or should have known about her trafficking.
While the plaintiff claimed casino security systems flagged her as a frequent visitor, Judge Gordon ruled this wasn’t enough to establish the casinos were involved in a trafficking venture as defined by federal law.
Judge Gordon said: “It is not enough to establish a defendant’s knowledge of general commercial sex taking place at its property.
“Instead, the complaint must plausibly allege that the defendant knew or should have known of a venture that involved sex trafficking by force, threat of force, fraud, or coercion.”
Victim forced to ‘walk the carpet’ at Las Vegas casinos
The lawsuit had alleged that Tyla D. was forced by traffickers to “walk the carpet” at various Las Vegas casinos, including the MGM Grand, Mandalay Bay, and The Orleans, to attract customers for commercial sex.
The complaint claimed she was first trafficked at ages 14-15, then again at age 21 after escaping her initial traffickers.
In a separate order, Judge Gordon accepted Tyla D.’s voluntary dismissal of claims against the Venetian Las Vegas Gaming LLC, which operated the Venetian Casino during the relevant period.
All claims except intentional infliction of emotional distress were dismissed with prejudice, meaning they cannot be refiled.
The plaintiff has until 20 December 2024 to file an amended complaint addressing the deficiencies identified by the court.
If no amendment is filed, the judge indicated he would decline to exercise jurisdiction over the remaining state law claims, allowing those to be pursued in Nevada state court.
The court acknowledged the seriousness of the allegations while ruling that the current complaint failed to meet legal standards for holding the casinos liable under federal trafficking laws.