In Alabama, at the recent conclusion of the four-day, non-jury VictoryLand Casino trial, Montgomery County Circuit Judge William Shashy said of the 2003 constitutional amendment allowing bingo in Macon County, “It would have been a lot simpler to put ‘electronic bingo’ in there. It would have been simpler for everyone.” At stake is the fate of 1,615 electronic gaming machines seized by state agents acting on behalf of state Attorney General Luther Strange, who raided VictoryLand, once Alabama’s largest casino, on February 19, 2013. Also seized in the raid was 3,105 in cash which will go to the state General Fund budget if Shashy rules against VictoryLand. The casino has remained closed since the raid, although some smaller gambling halls also raided by the attorney general have reopened with new machines.
The Alabama Legislature approved a proposed constitutional amendment in spring 2003 to let Macon County voters decide whether they wanted to legalize bingo. Voters overwhelmingly approved the amendment in November 2003 and the VictoryLand casino opened the next month, 15 miles from Montgomery.
Former state Rep. Johnny Ford, sponsor of the 2003 legislation, testified he did not define “bingo” in the amendment because he did want to include all forms of bingo. Ford and former state Senator Myron Penn testified voters understood the constitutional amendment would allow electronic bingo. “We explained to our citizens that when they voted on bingo, we meant all forms of bingo,” Ford testified.
Representatives from the attorney general’s office said the VictoryLand games did not meet criteria set by the Alabama Supreme Court; players did not pay attention to numbers called, did not mark their cards and did not announce when they won a bingo.
Strange wants the games to be declared illegal and destroyed. If Shashy rules for VictoryLand, attorneys said it would reopen. Attorneys on both sides have four weeks to file additional arguments, and then Shashy will issue a ruling.
If VictoryLand reopened, it would compete with the Poarch Band of Creek Indians’ federally regulated casino in Montgomery. The tribe also operates casinos in Wetumpka and Atmore. It would like to negotiate a Class III gaming compact with the state of Alabama, but one reason discussions have not gone anywhere is that no studies have been done regarding potential Class III revenues. “We haven’t done it yet,” said Robert McGhee, Poarch Band director of government affairs. Currently the tribe only can offer Class II games.
“The tribe is open to talking to the state about how we can be beneficial to both governments,” McGhee said. But state Rep. Steve Clouse said, “I’ve never seen what an estimate would be or a study.” State Rep. Arthur Orr added, “I’ve never seen anything on paper. I’ve never heard anything orally. It could be $50 million. It could be $5 billion. I have no idea.”
