PRINT THIS PAGE | E-MAIL THIS PAGE

Saturday, April 26, 1997

Lottery withholds release of winner's name

By JUAN B. ELIZONDO Jr. Associated Press Writer

AUSTIN (AP) - The Texas Lottery delayed announcing an $11.3 million lotto winner's name Friday, despite the first-ever legal opinion from the Texas attorney general saying such information should be made public.

The jackpot drawing held last Christmas was claimed in January by the Houston-based A.M.R. Partnership. None of the partners' names were made public.

The Associated Press at that time filed a request under the state's Public Information Act asking the Texas Lottery for the names, ages and hometowns of A.M.R.'s principal partners.

The lottery generally has made public such information about winners since the game began in 1992. Some winners have requested minimal publicity but have not sought to keep their names secret.

A.M.R.'s attorney, Jeff Frazier, fought release of his client's name.

"To me, in this instance, the public right to know is outweighed in that it may be putting he and his family in danger, things like kidnapping his daughter," Frazier said.

"He was born in another country. The people from that country in America - he thinks - are rather violent and prone to these things," Frazier said.

The AP's request for the information was turned over to the attorney general's office to determine whether the winner's name, age and hometown were matters of public record. The office issued that opinion Friday.

The opinion, written by Assistant Attorney General Karen Hattaway, said a lottery winner's hometown, already being made public, is part of his "street address," which by law is not public information.

"With the exception of the 'hometown' of the individual who claimed the prize money, the requested information must be released," the opinion said.

But Steve Levine, a spokesman for the lottery, said the lottery was giving A.M.R. time to challenge the legal opinion in court before making the principal partner's name public. The lottery had no other comment about the opinion.

Frazier said Friday that he would file a court challenge.

Opinions from the attorney general's office normally carry the weight of law and may be used as precedent for future questions.

In this case, the opinions division said the ruling is limited only to A.M.R. That means the Lottery Commission may not use the decision to determine whether future winners' names, ages or hometowns are subject to public disclosure.Send a Letter to the Editor about This Story | Start or Join A Discussion about This Story
Send the URL (Address) of This Story to A Friend: