Posadas De Puerto Rico Associates v. Tourism Co. Of Puerto Rico

478 U.S. 328 (1986)

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Nature of the Case

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Facts

Puerto Rico had a law that prohibited any gambling room to advertise or otherwise offer their facilities to the public of Puerto Rico. The prohibition also included the use of the word casino on any promotional items, envelopes, invoices, napkins and just about anything that somebody could look at associated with normal business practices. P was accessed fines for violating the administrative interpretation of the advertising restrictions. P filed a declaratory action against the Tourism Co (D), who was charged with enforcement of the regulations. The Superior Court held that the interpretation and application had been capricious, arbitrary, erroneous and unreasonable producing absurd results contrary to law. The court overrode the regulatory construction of the statute and issued a narrow interpretation of its scope. P appealed, and the Supreme Court of Puerto Rico dismissed his appeal. The Supreme Court granted certiorari.