## Facts

- Meredith E. Eicher pled guilty in federal court to two counts of aiding and abetting mail fraud and received a fine, imprisonment, and supervised probation.
- She later pled guilty in Louisiana state court to two counts of accessory after the fact to forgery arising from the same events; she received a suspended sentence with probation.
- After completing probation, her state convictions were set aside and the prosecutions dismissed under La. Code Crim. Proc. art. 893.
- Eicher completed dealer training and applied for a riverboat casino gaming employee permit, disclosing her federal convictions, her state convictions (noting they were set aside/dismissed), and an Alabama charge that had been dismissed.
- The Louisiana State Police Riverboat Gaming Enforcement Division interviewed her and issued a temporary work permit via a written conditional approval agreement, expressly subject to background investigation and final approval.
- Following negative media coverage criticizing her employment as a “convicted felon,” the Division revoked the temporary permit and indicated it would deny permanent licensure based on her criminal history.
- In administrative proceedings, a hearing officer found no misrepresentation by Eicher but upheld revocation due to her criminal record; the Riverboat Gaming Commission affirmed.
- On judicial review, the district court initially affirmed, then on a new trial reversed and ordered reinstatement; the Division appealed.

## Issues

1. Whether Louisiana’s general “rehabilitation” licensing statute (La. R.S. § 37:2950) limited the Division’s authority under the riverboat gaming statutes to deny a gaming employee permit based on prior convictions.
2. Whether state convictions set aside under La. Code Crim. Proc. art. 893, and restoration of civil rights under the Louisiana Constitution, eliminated disqualification for a gaming employee permit.
3. Whether equitable estoppel barred the Division from revoking a temporary, conditional gaming employee permit and denying permanent licensure after initially allowing Eicher to work.

## Decision

- The court of appeal reversed the district court and reinstated the administrative decision denying the gaming employee permit.
- The court held the Division was not equitably estopped from revoking a temporary permit issued under an express conditional approval agreement.
- The court held the riverboat gaming statutory scheme permitted denial based on Eicher’s criminal history, including her federal felony conviction and her state conviction even though it had been set aside under art. 893.
- The court held La. R.S. § 37:2950 and constitutional restoration of rights did not override the specific riverboat gaming suitability requirements.

## Legal Principles

- A riverboat gaming employee permit is a heavily regulated privilege; the state may impose strict suitability standards to protect public confidence in gaming regulation.
- When a general statute conflicts with a more specific regulatory scheme, the specific statute controls.
- A conviction set aside under La. Code Crim. Proc. art. 893 does not necessarily preclude regulatory consideration of the conviction or the underlying conduct for licensing in a specialized regime.
- Restoration of civil rights after completion of sentence does not bar the legislature from imposing additional statutory qualifications for participation in regulated gaming activity.
- Equitable estoppel against a public body is narrowly applied and generally requires an affirmative governmental misrepresentation and reasonable detrimental reliance; an expressly conditional, revocable permit defeats an estoppel claim.

## Conclusion

The court reinstated the agency’s denial of Eicher’s gaming employee permit, holding that the riverboat gaming laws allowed disqualification based on her felony history and that neither general rehabilitation policy nor equitable estoppel prevented revocation of a temporary, conditional permit.


Eicher v. La. State Police, Riverboat Gaming Enf’t Div., 710 So. 2d 799 (La. Ct. App. 1st Cir. 1998)