Las Vegas Sun

May 16, 2024

Former commissioner settles lawsuit over campaign flier

Lance Malone packed up his Clark County Commission office nearly two years ago, having lost his seat in part, he has claimed, due to a vicious campaign flier sent anonymously to voters.

Though now out of politics, Malone last week accepted an out-of-court lawsuit settlement with a slew of defendants.

Malone was awarded an undisclosed -- but reportedly significant -- amount from those responsible for the flier, including political consultant Tom Skancke, Station Casinos Inc. and Mark Brown, a former executive with the company.

"A settlement was reached which was satisfactory to all parties involved," said Malone's attorney, D. Chris Albright. Albright declined to comment further, citing confidentiality restrictions listed in the settlement.

Malone declined to comment.

Skancke and Brown could not immediately be reached for comment. Station Casinos executives could not be reached for comment.

The lawsuit filed March 5 stems from a campaign flier mailed to as many as 40,000 residents in Malone's district after Malone reneged on an agreement he made with Station Casinos, which opposed a proposed neighborhood casino.

Malone publicly acknowledged he was going back on his word to Station Casinos when in January 2000 he voted for zoning that allowed the competing casino near Flamingo Road and Grand Canyon Drive.

At the time of the vote, Malone was running for re-election and had collected some $40,000 in campaign contributions from Station Casinos.

The flier came in the form of a "Malone Lucky Buck," indicating Malone was influenced by campaign contributions. It included a caricature of the commissioner with the words, "You Just Can't Trust Lance Malone."

Malone's lawsuit claimed libel, false light and tortious conduct including intentional infliction of emotional distress.

The latter claim targeted Station Casinos and Brown only and stemmed from a heated conversation between Malone and Brown following the vote and another meeting after the fliers were mailed.

"Prior to distribution of the anti-Malone campaign materials ... Defendant Brown met with Plaintiff Malone and attempted to persuade Plaintiff Malone, by threats of future defamatory action to be directed against Malone, to withdraw from the upcoming election," the lawsuit says.

According to the lawsuit, Brown told the media and federal investigators he had nothing to do with the political mailer.

But after Malone filed a lawsuit to determine who was responsible for the anonymous mailer, Brown scheduled a private meeting at a neighborhood park.

During that meeting Brown encouraged Malone to drop his lawsuit. The most recent lawsuit alleges that Brown said he didn't " 'want anything bad to happen to (Malone) or (Malone's) family' and further stated: 'I certainly don't want any harm to you or your ... family.' "

The lawsuit says Brown suggested more damaging fliers might be sent and he could put a stop to them if Malone cooperated.

Malone's attorney contended that not only was the flier illegal because it was anonymous, but it was also libelous.

The mailer suggested Malone changed his position as a result of campaign contributions, but Station Casinos Inc. was a major contributor and the vote went against its interests.

The lawsuit also says the flier was inaccurate because Malone had not received $100,000 in gaming money as the mailer stated. And some of the gaming companies listed as contributors had not given money to Malone.

"The contents of the defamatory flier were designed to and did in fact tend to injure Plaintiff Malone's reputation, diminish Plaintiff Malone's esteem, respect, goodwill and the confidence in which Plaintiff Malone was held," the lawsuit says.

Malone sought upwards of $10,000 per defendant.

Since the election, in which Malone lost to fellow Republican Chip Maxfield, Brown left Station Casinos and started his own public relations company, Brown and Partners.

Malone recently purchased a Subway sandwich shop inside The Orleans casino. That gaming establishment competes with Station Casinos in the Las Vegas Valley's neighborhood casino business.

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