With Flynt v. Bonta, HUSTLER’s chairwoman of the board vows to fight on in a precedent-setting legal showdown. Next stop: the Supreme Court!
There is a battle brewing in California, and the stakes are high. On one side, the government and archaic statutes that fly in the face of American entrepreneurship. On the other, a tireless warrior for freedom, who fights for the constitutional rights of business owners big and small.
With Flynt v. Bonta, Flynt Management Group Chairwoman Elizabeth (Liz) Flynt is picking up where her late husband and HUSTLER Magazine founder Larry Flynt left off in his lawsuit against the State of California. The issue: a dormant clause dating back to 1986 that forces gaming proprietors to choose between being part of California’s in-state gaming market or the markets of the other gaming states, but not both. Originally intended to keep the mob out of Golden State casinos, today it only serves to hamstring business development and job creation.
The case dates back to 2016, when Larry. Flynt filed a federal lawsuit against the State of California over a regulation (California Code, Business and Professions Code – BPC § 19858) that prohibits cardroom licensees from investing more than a one-percent interest in out-of-state casinos, while at the same time banning out-of-state casino owners from investing in California’s cardrooms. Mr. Flynt claimed that the regulation was unlawful because it discriminated against firms engaged in interstate commerce by expressly targeting them, something no state can do.
Unfortunately, during the course of the litigation, Mr. Flynt passed away. Liz Flynt then joined the case to continue the challenge on his behalf. After years of litigation, the District Court granted judgment in California’s favor, which the Ninth Circuit upheld in March of this year. In August, Liz Flynt filed a petition for a writ of certiorari asking the Supreme Court to rule on this unjust law, which divests entrepreneurs of economic liberty in a manner that is inconsistent with the Constitution.
Fortunately for us, Larry’s indomitable spirit lives on in his courageous and caring wife. But don’t be fooled by her demure exterior—Liz Flynt is a fierce opponent. In this candid conversation, she discusses the surprising scope of her case and how casinos are the proverbial canary in the coal mine of our sworn rights.
HUSTLER: Let’s go back to the beginning of Flynt v. Bonta. What was the incident or impetus that compelled your late husband Larry to file suit in 2016?
