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Wednesday, April 30, 1997

$11.3 million jackpot winner sues lottery, attorney general

By JUAN B. ELIZONDO Jr. Associated Press Writer

AUSTIN (AP) - An $11.3 million lotto jackpot winner sued the Texas Lottery and Attorney General Dan Morales Tuesday to keep his name secret.

Morales last week ruled the Houston winner's name and age were a matter of public record and ordered the lottery to release the information.

The lottery had planned to release the winner's name and age Tuesday, but withheld the information pending a court decision. No hearing was set.

The jackpot drawing held last Christmas was claimed in January by the Houston-based A.M.R. Partnership. The Associated Press at the time filed a request with the Texas Lottery seeking the principle partners' names, ages and hometowns.

The lottery generally has released such information about winners since the game started in 1992. Some winners have sought minimal publicity but none have fought to keep the information secret.

Jeff Frasier, an attorney for the group, argued that the information about his client is confidential and not subject to the Texas Public Information Act. He says his client fears for his life and the life of his family.

The lawsuit comes after the attorney general's ruling last Friday.

"(A.M.R.) neither agreed nor consented to the public disclosure of the general partner's name, age, address or telephone number. Such disclosure is apparently standard at the (lottery) commission for purposes of promotion and advertisement. (A.M.R.) has at no time ... agreed to nor consented to the public disclosure or publication of this information," the lawsuit claims.

Neither the lottery nor the attorney general's office had any comment about the suit. Frasier declined comment.

The lawsuit asks Travis County District Judge Mary Pearl Williams to:

- Rule the information confidential

- Order the lottery to get A.M.R.'s permission before releasing the information

- Seal the court records

- Award A.M.R. $12,000 in attorney fees.

The attorney general opinion, written by Assistant Attorney General Karen Hattaway, said the lottery winner's hometown, already made public, is part of his "street address," which by law is not public information. By law, winner's telephone numbers also are secret.

"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 asked Ms. Hattaway to reconsider the ruling's interpretation of "street address."Send a Letter to the Editor about This Story | Start or Join A Discussion about This Story
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