In Missouri, Cole County Judge Daniel Green recently granted a request from attorneys for Torch Electronics and Warrenton Oil to delay the start of their trial against the state.
Torch and Warrenton Oil sued the Missouri Department of Public Safety in 2021, seeking to stop the Missouri Highway Patrol (MHP) from seizing Torch’s unregulated video gambling machines in a crackdown on illegal gambling. The lawsuit also claims state and local police “have intimidated and harassed convenience stores in Linn, Crawford, Barry, Vernon, Camden, Henry and Webster counties that license space for the Torch amusement devices.”
Torch attorneys said the seizure of three machines from a Warrenton Oil store caused “irreparable injury” to its business.
Green moved the trial date from July 31 to October 3 after Torch attorney Chuck Hatfield said the state “dumped more than 5,000 pages of previously undisclosed documents” 10 days before the trial was scheduled to start. Hatfield added the MHP also produced a new report on whether Torch’s video gambling machines are illegal gambling devices and presented four potential expert witnesses.
In his request, Hatfield wrote, “There is no reason for defendants not to have made these disclosures months ago. These belated disclosures are inexplicable and indefensible.” Hatfield said his legal team needs more time to review the material and prepare for witnesses.
More than two years after the lawsuit was filed, Jefferson City attorney Scott R. Pool took over the case from attorneys working for Missouri Attorney General Andrew Bailey, who withdrew due to a conflict of interest. In his first appearance April 19, Pool said he opposed the delay because many of the documents were “virtually identical” to material that already was introduced.
Attorney Marc Ellinger, representing the Missouri Gaming Commission, also argued against rescheduling the trial. He said the case has already taken too long. “We want to move this case forward. We’d prefer to keep the date,” Ellinger said. The MGC, representing the state’s legal commercial casinos, is intervening in the case on behalf of the Highway Patrol, claiming Torch’s machines have taken away revenue.
Despite rescheduling the trial, Green indicated he wants the case to be resolved. He said, “I kind of agree with Mr. Ellinger. It needs to be done.”
Observers said the case could result either in the video gambling machines being removed from thousands of bars, restaurants, convenience stores and veterans and fraternal organizations across the state—or the slot-like games could be declared to be legal. For years, The Republican majority legislature has not passed any measure to regulate and tax the machines due to pressure from former Speaker of the Missouri House Steve Tilley, now a lobbyist for Torch.
Torch itself is being sued in federal court over allegations that its owner Steve Miltenberger and convenience store owners are involved in an illegal gambling conspiracy. Also, a coin-operated amusement game firm in Sullivan filed a federal lawsuit claiming Torch’s machines are illegal and have cut into its revenue.
