In Jacksonville, Florida, the sheriff’s office and city code enforcement officers—with an assist from the federal Department of Homeland Security—recently began issuing cease and desist orders instructing so-called adult arcades to remove illegal gambling devices within five days. The visits are the results of the city council’s recent vote to lift the 6-month enforcement delay targeting the machines, which city officials believe have led to several robberies and killings. About 140 to 160 establishments could be affected.
Any business found violating the order would face a $250 penalty per device per day. The arcades can remain open as long as they offer legal attractions. City Attorney Jason Teal said, “We’re not actually shutting anybody down. That’s the practical effect, maybe. But they can still operate as an adult arcade. They can still have bingo. They can still have video games. They can still do all of those types of things. But where the public nuisance piece comes in is where they’re operating with these simulated gambling devices. All this legislation does is require the removal of those devices.”
Before law enforcement officials began handing out cease and desist orders, a federal judge denied attorney Kelley Mathis’ motion for a temporary injunction and preliminary injunction to stop a city ordinance regarding shutting down Jacksonville adult arcades. Mathis, representing three gaming machine companies, was the target of a state racketeering investigation that led to his 2013 arrest; he was sentenced to six years in prison, but later the conviction was thrown out and his law license was restored.
Mathis said seizing the machines “is not part of the ordinance. They are not declaring these machines illegal or unlawful except in violation of the ordinance, which makes them a nuisance. That doesn’t give them the right to seize the machines, to take the machines,” Mathis said.
Meanwhile, city council partnered with a job-finding firm to help the area’s 2,700-plus adult arcade employees find new jobs. Councilman Tommy Hazouri said, “You’ve got over 2,000 employees that are depending on those paychecks. It’s a poor gift when you told Santa Claus that they were going to close February 1.”