Stadiums, corporate buildings and other facilities that draw crowds have strengthened their security since 9/11, and in return, have earned U.S. protections in the event their efforts fail to prevent a terrorist attack and they are sued. Hotels have not received the same safeguards, the Associated Press reports. Las Vegas’ world-famous casino-resorts have long been known to be of interest to terrorists, but the constant flow of people may pose a challenge to earning liability protections under a little-known federal law. For the first time, the law is at the center of a legal battle after MGM Resorts International invoked it to sue hundreds of victims of the deadliest shooting in modern U.S. history to avoid paying out for lawsuits.
The law was enacted in 2002 to urge development and use of anti-terrorism technologies by providing companies a way to limit liability if federally vetted and approved products or services don’t prevent an attack. The U.S. Department of Homeland Security has certified hundreds of security systems, software and equipment, ranging from unarmed guards at shopping malls to flight deck doors. The Associated Press asked four large casino operators — MGM Resorts International, Caesars Entertainment, Wynn Resorts and Las Vegas Sands — whether they have applied for certifications. Only MGM offered a general comment, saying in part, “MGM Resorts’ security teams work closely with federal, state and local law enforcement and we follow FBI and DHS standards and training for a variety of situations, including terrorism.” A high-stakes gambler opened fire from a room at MGM’s Mandalay Bay casino-resort last year, killing 58 people at a concert whose contractor-provided security was federally certified. Casino operators interested in earning federal approvals would have to show the government that security at their properties not only seeks out gambling cheaters but also signs of terrorism, said attorney Brian Finch, who has helped dozens of clients get their systems certified.