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Legal bid fails to stop Post's move on casino files

An American gaming corporation has failed in a High Court bid to stop a regional newspaper from publishing financial information and contractual details about plans to build a super-casino.

The Birmingham Post asked for details about an exclusivity agreement between Las Vegas Sands, Birmingham City Council and Birmingham City Football Club, under the Freedom of Information Act.

But when the council agreed to release documents about the proposed casino at the new Birmingham City stadium, Las Vegas Sands sought a judicial review against the decision.

The Post’s original FOI request to the council was turned down on the basis of confidentiality, and it was given a censored version of the exclusivity agreement instead.

But when the paper appealed, the council’s appeal committee ruled that the paper could have sight of the agreement, saying that public interest arguments were in favour of disclosure.

This prompted Las Vegas Sands’ legal challenge, which is believed to be the first attempt by a private company to prevent a local authority from releasing documents under the Freedom of Information Act.

But the details still cannot be published because Las Vegas Sands now has up to a month to consider referring the High Court decision to the Court of Appeal or, ultimately, to the House of Lords.

A council spokesman told the Post the exclusivity agreement would be released if Las Vegas Sands did not invoke the appeals process.

The agreement binds Las Vegas Sands, the football club and the council to work together until 2009 to secure a super-casino in Saltley.

Birmingham Post acting editor Tony Lennox said: “We felt that because the city council had entered into a commercial agreement with the local football club and an American gaming operation, readers had a right to know what the agreement was and what it held them to.

“The Freedom of Information Act is healthy for local democracy.”