Chilean court orders Casino del Mar to turn off light screens at night

The Valparaíso Court, in Chile, ruled in favor of a resident’s protection appeal and ordered Casino del Mar to turn off all light screens installed at the main entrance and surrounding areas of the establishment between midnight and seven in the morning.
The Second Chamber of the appellate court, composed of justices Carolina Figueroa, Nancy Bluck and attorney Verónica Munilla, unanimously accepted the action after establishing the defendant’s illegal actions violated existing regulations.
The court ruling addressed the legitimacy of the plaintiff’s claim, noting: “In effect, the first of them, that is to say, physical and psychological integrity, is of a personal nature, and the second has been denounced as the right of the appellant specifically to live in an environment free of contamination.”
The resolution dismissed arguments that the operation constituted a legitimate exercise of legal rights based on commercial licenses and advertising permits granted by the Municipality of Viña del Mar.
The court noted that while the casino holds operating authorization from the Superintendency of Casinos for gaming operations, restaurants, bars and entertainment halls, none of the submitted documents contained authorization for light screens to operate.
The ruling stated: “None of the referenced documents show authorization for the light screens that are the object of the present trial to function, much less considerations regarding the characteristics and limits that they should respect. Therefore, the legality of the same is not evident from the documentation provided.”
The Second Chamber considered the Ministry of Environment decree establishing standards for artificial luminosity generated by exterior lighting, states: “Additionally, all luminous and illuminated signs and lettering must be turned off starting at 00:00 hours and until 07:00 hours.”
The court concluded: “Thus, the right of all people to physical integrity and to live in an environment free of contamination requires that luminous signs, such as the one that is the object of the present appeal, must be turned off at night, precisely because in the understanding of the legislator they affect the aforementioned rights. Arguing to the contrary would lead us to ignore the existence of this norm, which is clearly not a coherent interpretation. Moreover, the cited article concludes that keeping the lights on is also an illegal act.”
Tags/Keywords
- Casino,
- Chile,
- Land Based,
- LatAm,
- Legal
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