PRINT THIS PAGE | E-MAIL THIS PAGE

Tuesday, April 29, 1997

Lottery set to release lotto winner's name

By JUAN B. ELIZONDO Jr. Associated Press Writer

AUSTIN (AP) - The Texas Lottery has given a Houston lotto winner until the end of business Tuesday to file a legal challenge before having his name made public.

The Texas attorney general last week, in the first-ever legal opinion on the subject, ruled that the lotto winner's name and age are public information.

The lottery was told to release the name of the $11.3 million lotto winner last Friday despite his contention that his name should be kept secret.

The agency declined to release his name, giving the winner time to file a legal challenge. The lottery on Monday said it would give the winner a total of five days to sue.

"This time limit balances your client's interests in preventing the untimely disclosure of the information," lottery attorney Diane Morris wrote to the winner's lawyer, Jeff Frasier. "Likewise this time limitation respects the public's right to reasonable access to public information."

Frasier on Friday said he planned to file a lawsuit to block his client's name from being released. He did not immediately return a call on Monday.

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.

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. Written by Assistant Attorney General Karen Hattaway, it 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.

The lottery on Monday also asked Ms. Hattaway to reconsider the ruling's interpretation of "street address."

"The Texas Lottery Commission believes the term 'street address' was written specifically and has a clear meaning," acting executive director Kim Kiplin wrote to Ms. Hattaway. "We respectfully disagree with the interpretation that finds 'street address' including the name of his 'hometown.' " 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: