Return Games, Cash Or Shut Down Bingo

Alabama Circuit Court Judge William Shashy stood behind his earlier opinion that the state was "cherrypicking" by closing VictoryLand casino (l.), and ordered the state to return 1,615 gaming machines and $260,000 in cash to VictoryLand and allow it to reopen, or shut down all bingo operations in Alabama in 45 days.

Alabama Circuit Judge William Shashy recently ordered the state either to close all bingo operations in the state within 45 days, or to return 1,615 gaming machines and 0,000 in cash the state seized from the now-shuttered VictoryLand Casino in 2013. In June, Shashy ruled the state seemed to be “cherrypicking” which casinos were to be targeted while similar businesses were allowed to stay open.

Shashy’s ruling indicated six casinos were operating in Lowndes and Greene counties with 148-418 machines each. VictoryLand had been the largest.

Alabama Attorney General Luther Strange commented, “We strongly disagree with the judge’s rulings in the VictoryLand case. After the judge’s initial ruling in June, we filed an appeal that was stayed pending today’s decision. As we have done in previous cases, we are appealing the ruling and will be guided by the Supreme Court.” VictoryLand owner Milton McGregor said, “Victoryland’s resurrection will mean jobs for thousands of Alabamians and not just in Macon County. The ruling is a victory for communities across east Alabama. Today’s ruling clears the way for VictoryLand to reopen and to fulfill the wishes of those voters”.

McGregor was referring to a referendum passed by a huge majority in 2003 allowing electronic bingo machines in Macon and other counties. The state contended those games are illegal and do not meet the Alabama Supreme Court’s description of bingo, which includes numbers being announced, players marking their cards and a player claiming a win. VictoryLand lawyers said the constitutional amendment encompassed all types of bingo, including games played on machines.

The state also has raided several other establishments and attempted to shut down casinos operated by the Poarch Band of Creek Indians in Atmore, Montgomery, and Wetumpka. However, the courts dismissed those actions, ruling that the state has no jurisdiction on tribal lands.

While the state takes its VictoryLand loss to the Alabama Supreme Court, the justices meanwhile declined to give an advisory opinion on whether a lottery would lead to legalizing Las Vegas-style casinos. Governor Robert Bentley had asked the justices to determine the collateral effect of removing the Alabama constitution’s ban on gambling. The justices declared they were reluctant to give an opinion on a hypothetical bill. Lottery and casino legislation are expected to be debated during the 2016 legislative session. Bentley has not endorsed a gambling measure, and said he believes the public is more inclined to support a lottery than casinos.