Milton McGregor, owner of VictoryLand Casino in Montgomery County, Alabama, said he may reopen the casino as soon as he can locate an electronic bingo machine vendor. McGregor said he has received more than 3,500 applications from job-seekers.
Meanwhile he’s waiting on District Judge William Shashy to determine if the state Attorney General’s office must return the 1,615 machines and $263,105 seized at the since-shuttered casino two years ago.
In June, Shashy had dismissed the state’s petition for forfeiture of the casino’s machines and cash. Citing the equal protection clause of the U.S. Constitution, Shashy determined VictoryLand has been treated unfairly by the state when it was forced to end its electronic bingo operations after a raid in 2012. Shashy noted in his ruling that other casinos offering the same or similar electronic bingo machines had been allowed remain open. The AG’s office appealed Shashy’s decision to the Alabama Supreme Court.
At the latest court hearing, VictoryLand attorney Joe Espy asked Shashy to clarify the earlier ruling. He noted his office has spotted machines with a VictoryLand stamp operating in Poarch Creek casinos. “There are over 8,000, close to 9,000 machines operating in this state. The Attorney General has allowed other casinos to operate. It is outrageous,” Espy said.
Assistant Attorney General John Kachelman said the VictoryLand machines do not meet the Alabama Supreme Court’s definition of electronic bingo machines nor are they allowed under a constitutional amendment approved by Macon County voters in 2003. He added the machines are considered illegal contraband and cannot be returned.
But Shashy told Kachelman, “You’re not getting the point here, you’re completely missing it.” The point, he noted, is voter intent. VictoryLand lawyers have repeatedly noted the Macon County amendment differs from others because it was passed in 2003, after electronic bingo was introduced. The legislature approved electronic bingo unanimously and Macon County voters approved it by more than 70 percent. Pictures of the games, which resemble slot machines, were included on voter flyers and in media ads.
“They knew full well what they were voting on. To say otherwise now is just dishonest,” McGregor said.
Kachelman repeatedly noted the Alabama Supreme Court has determined that all bingo amendments were legalizing the game “traditionally known as bingo,” meaning the paper game, which requires numbers to be called winners to call out “Bingo.” But the Macon County amendment has never been tested. “They just don’t know the law, they don’t understand the cases they’re talking about ,” Espy said.
Kachelman also told Shashy court cases are pending against the Poarch Creeks and other casinos. He noted he did not want to disclose in open court other ongoing investigations. “You have no idea what investigations we have ongoing or what we are planning. That is the job of a prosecutor. I’m asking you to rule on the question that’s before this court,” Kachelman said. He added it’s up to local law enforcement to enforce the laws.
Shashy again said the AG’s is using “selective prosecution” by allowing casinos in Greene and Lowndes County to operate.” You can’t pick and choose. That is my problem,” Shashy said. He asked Kachelman more than once to explain why the other casinos were open, what had been done to stop them from operating and why VictoryLand seemed to be a focus. “If you’re not going to shut down all of them, I’m sorry, you can’t pick on one. I won’t be a party to it. You’re not doing your job and you’re coming in here expecting me to do this for you. I won’t allow it. It’s not right,” Shashy said.
The judge noted before making a ruling in the VictoryLand case he wants to see what happens in the other pending casino cases and what the legislature decides to do regarding state Senate Pro Tem Del Marsh’s proposed constitutional amendment allowing a state lottery and casinos at four dog racetracks. Meanwhile he offered to take “a little field trip” with Kachelman to see if the other casinos truly were operating electronic bingo machines.
