In response to a memo sent by Alabama Attorney General Luther Strange to district attorneys statewide, Governor Robert Bentley said the state has limited resources for enforcing gambling law. Since he took office in 2011, Strange has worked to shut down electronic bingo operations in Alabama. His memo told local law enforcement to keep up the fight against illegal gambling and to ask the newly formed Alabama Law Enforcement Agency for assistance.
Bentley said while he appreciated “the information and guidance” on gambling issues, and said local law enforcement and district attorneys are “the front line in enforcing Alabama’s gambling laws,” he noted ALEA’s resources are “limited” and “local law enforcement holds the primary duty to investigate and enforce these laws.” Bentley continued the state constitution provides for the impeachment of judges, solicitors and sheriffs for “willful neglect of duty” and stated that Alabama law gives the responsibility for initiating impeachment proceedings to the attorney general. “Please keep this responsibility in mind as a way to ensure the proper enforcement of our laws,” Bentley wrote.
Bentley spokeswoman Jennifer Ardis said the letter was meant to define ALEA’s role in future investigations. “ALEA will absolutely assist in illegal gambling investigations or any other investigations where local law enforcement needs assistance. They just cannot be the primary lead on these investigations,” she said. The note about impeachment, Ardis said, was “an option to consider.”
In his first act as governor, Bentley disbanded former Governor Bob Riley’s task force on illegal gambling and gave those duties back to the attorney general The task force conducted raids on gaming facilities throughout the state in 2009 and 2010. While personally opposed to gambling, Bentley said he would not oppose a statewide vote on the issue, which would happen through a constitutional amendment approved by the legislature.
Strange issued a statement that said his office “stood ready to assist” local law enforcement on gambling matters. “The governor’s and my statement each underscore to local law enforcement that Alabama’s laws against illegal gambling are settled. Furthermore, we both expect that local law enforcement will vigorously enforce Alabama’s gambling laws just as they enforce the laws against other illegal activities.”
In his aggressive battle against electronic bingo aggressively, Strange has obtained warrants to shut down VictoryLand and to sue the Poarch Band of Creek Indians, which offers electronic bingo at their Atmore, Montgomery and Wetumpka casinos. The only federally recognized tribe in Alabama, the tribe said the machines are protected under U.S. law. Arguments recently were heard in federal court.
State Rep. John Rogers said, “It’s kind of confusing. Bentley is telling local government to impeach an officer or police official, anybody who does not go after illegal gambling. But he’s not providing any funds, so they’ve got to try to find a way to try to go after illegal gambling without any money.”
He added this “unfunded mandate” could bring about legalized gambling, which he would support in light of the state’s $1 billion budget deficit. “So, it’s all on table for us. So now, we’re now trying to enforce a deal, a compact with the Indians where we can start taxing them. Therefore, we’re scuttling for revenue ourselves,” Rogers said, adding, “Alabama is in a doughnut hole. We are surrounded by gambling states. Mississippi, Florida, Georgia, Tennessee. So, we’ve got to bring money back to the state some kind of way immediately.”
