Alabama Sues Electronic Bingo Casinos

Alabama Attorney General Steve Marshall (l.) opened a new front in the battle against electronic bingo machines with multiple lawsuits against casinos offering the machines in five counties. Marshall asked the courts to declare the casinos public nuisances and shut them down immediately. The lawsuits sparked outrage among casino operators who said hundreds of jobs would be lost.

Alabama Attorney General Steve Marshall has filed multiple lawsuits against casinos operating illegal electronic bingo machines in five counties: Greene, Houston, Lowndes, Macon and Morgan. The lawsuits ask the courts to stop operators from promoting, operating and transporting the machines. In addition, Marshall asked the courts to declare the casinos public nuisances and filed motions requesting preliminary injunctions to immediately shut down the operations. The lawsuits also target machine manufacturers and vendors as well government authorities “responsible for licensing and overseeing electronic bingo operations in those counties.”

Marshall said, “It is the responsibility of the attorney general to ensure that Alabama’s laws are enforced, including those laws that prohibit illegal gambling. Through multiple rulings in recent years, the Alabama Supreme Court has made it abundantly clear that electronic bingo and the use of slot machines are illegal in all Alabama counties. Therefore, we have taken action to hold accountable those who defy the laws of our state. These lawsuits represent a comprehensive legal approach developed by the attorney general, with the assistance of the office’s career experts, to finally put a stop to illegal gambling.”

Over the past five years, Alabama has pursued numerous cases to clarify and enforce the state’s anti-gambling laws. In each case, the courts have determined the game of bingo cannot be played on electronic devices, and slot machines are clearly illegal in the state.

Casino operators have argued the computerized machines play rapid-fire electronic bingo, with slot-like displays and chimes only for effect, and are legal under constitutional amendments approved by voters in their counties. They also point out the games are similar or identical to those played in casinos operated by the Poarch Band of Creek Indians in Atmore, Wetumpka and Montgomery. However, the federally recognized tribe is not under the jurisdiction of the state.

In 2013, the state seized 1,615 gambling machines and $260,000 in cash from VictoryLand in Macon during a raid. In 2016, VictoryLand, one of the state’s largest operators, won a ruling in a federal court against the state. Later in the year the Alabama Supreme Court ruled the machines were illegal. Still, VictoryLand reopened last September with new machines. VictoryLand is named as a defendant in Marshall’s lawsuit, as well as Macon County Sheriff Andre Brunson, who is responsible for regulating bingo in the county.

VictoryLand owner Milton McGregor said the lawsuits would cause voters to reject Marshall, who was appointed in February by former Governor Robert Bentley and is seeking election to a full term next year. “VictoryLand will continue to fight on behalf of its wonderful employees and the people of Macon County and east Alabama,” McGregor said.

Luther Winn Jr., chief executive officer at Greenetrack, a defendant in the Greene County lawsuit, stated, “We will vigorously fight to protect the constitutional amendment that the voters of Greene County ratified which allows these games in Greene County.” Winn added, “By his own hand, Marshall has now jeopardized the jobs of 115 mothers, fathers, grandmothers and grandfathers. These are good paying jobs with insurance and retirement benefits. Don’t let Marshall fool you–this lawsuit signals his willingness to increase Alabama’s unemployment, food stamp and Medicaid rolls by 115 people in Greene County alone. Marshall’s lawsuit also jeopardizes Greene County E-911 and the fire protection for the entire county, both of whom are completely dependent on bingo revenues.”

Brunson said, “We are approved, legalized electronic bingo facilities. This is legal because we the citizens of Greene County voted overwhelmingly for Amendment 743 to have such. We have been operating and providing jobs and funding for Greene County through this amendment. For Greene county, even the shortest closure of our electronic bingo facilities will result in a devastating economic downfall for our county. We don’t have big industries or factories that our county runs off of. Electronic bingo is our livelihood.”