The Alabama Supreme Court recently ruled the state does not have to return seized gambling machines to VictoryLand, overturning Montgomery Circuit Judge William Shashy ‘s order to return the devices by November 16.
State Attorney General Luther Strange said, “The high court’s decision will prevent the release of all illegal electronic bingo machines seized at VictoryLand until the Supreme Court is able to rule on the state’s appeal. It is important that the case be allowed to progress through the entire judicial process so the legality of electronic bingo at VictoryLand can be settled once and for all.” The state’s position has been that the machines are nearly identical to slot machines, which are illegal. Casino operators argue the machines are legal under state law allowing bingo.
Strange’s office had seized 1,615 electronic bingo machines and $260,000 in cash during a 2013 raid at VictoryLand. But Shashy dismissed the case and ordered the state to return the machines, noting the state was “cherry picking” by closing one casinos while others were allowed to remain open.
Meanwhile, Alabama Governor Robert Bentley recently issued Executive Order 13 stating enforcement of gambling laws “shall remain with the sheriffs and district attorneys of each County as guided by their careful interpretation of the laws”—not with Strange’s office. “Recent rulings have raised concern with the unequal enforcement of Alabama’s criminal laws, including gambling laws. By signing Executive Order 13, we are clarifying exactly where the responsibility for enforcing laws lies and that is with the local elected officials,” Bentley stated. He noted the state “has expended immense resources for the enforcement of Alabama’s anti-gambling laws, to date, more than nine million dollars. Recent judicial rulings have raised concern with the unequal enforcement of Alabama’s criminal laws, including gambling laws, against individuals and businesses.”
Strange responded that the governor’s order had no impact on the state’s current lawsuits against the casinos.
Senate President Pro Tem Del Marsh stated, “The state and federal courts have now settled the question about whether or not we are going to have gaming. It is legal and it is here to stay. The question is whether or not we are going to allow the people to vote and use it to generate badly needed tax revenue and badly needed jobs.”Marsh has proposed a bill that would create a lottery and add Las Vegas style gaming at Alabama’s four existing greyhound tracks. The plan did not reach the floor for a vote during the 2015 legislative session, but gambling is expected to be a major issue in the next session, which begins in February 2016.
VictoryLand owner Milton McGregor added, “Governor Bentley’s actions will help put thousands of Alabamians back to work. Our citizens want to work and provide for their families. Our facility will provide jobs for not only Macon County, but hundreds of people in each surrounding county. We look forward to getting our doors open, providing quality entertainment, hiring people and finally being able to compete on a level playing field.” McGregor said he hopes reopen his casino before Christmas despite the state supreme court’s actions.
Two times in the past, in rulings on cases against casinos in Lowndes and Houston counties, Alabama justices established bingo guidelines claiming bingo requires active player participation, numbers announced, cards marked and a player announcing, “Bingo” to claim a win.
