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Alabama Supreme Court rules against gambling

In a unanimous opinion, the Alabama Supreme Court overturned a ruling by a lower court judge that had prevented the governor's Task Force on Illegal Gambling from enforcing the state's law against slot machines, reports Baptist Press.

Circuit Judge Tom Young had issued an injunction earlier this year when the task force, appointed by Gov. Bob Riley, had attempted to raid the VictoryLand Casino in Macon County, which operates electronic bingo machines that closely resemble slot machines.

But the Supreme Court ruled July 30 that Young erred in issuing the injunction, and the court said the attorney general, the Macon County district attorney and the Macon County sheriff all lack the authority to override the governor's determination that Alabama's laws against slot machine gambling were not being enforced in Macon County.

The court also said the state's constitution gives the governor the power to direct the task force to ensure that Alabama's laws against slot machines are enforced. Alabama's constitution explicitly forbids slot machines, but some counties have passed laws allowing traditional paper bingo for charity.

News reports have indicated that VictoryLand, which claims to be a "charitable electronic bingo" operation, actually gives less than 1 percent of its annual profits to charity.

In a court decision related to a lawsuit filed by a VictoryLand competitor, U.S. District Judge Keith Watkins revealed in July that most of the casino's revenue goes to its owner, Milton McGregor.

"All this talk of how VictoryLand is giving so much money to charities is an illusion, and this federal court ruling completely shatters that illusion," Riley said in a news release. "VictoryLand is nothing but an illegal scheme to enrich Milton McGregor and his cronies, and this federal court ruling lays that out for all to see."

Watkins found that VictoryLand grossed more than $162 million in 2008 but gave less than 1 percent of that to 60 charities.

"That's less than $22,000 per charity. In contrast, the press has reported former Birmingham Mayor Larry Langford won more than that in a single day," Riley said. "This ruling is just more proof that so-called 'charitable electronic bingo' is nothing but a sham. The casinos mislead people into believing they're helping charities. But the reality is the only people who actually benefit from it are the casino bosses and their cronies."

Following the Supreme Court ruling, the Task Force on Illegal Gambling filed an emergency motion Aug. 2 with Young, the circuit judge in Macon County, asking that his injunction be lifted immediately.

The task force requested that the judge rule within two days, and Young set a hearing on the matter for Aug. 5. Task force commander John Tyson said that if Young lifts the injunction against a raid, state police are ready to enter the casino and confiscate the more than 6,000 electronic bingo machines.

VictoryLand issued a statement in response to the Supreme Court decision, saying the ruling calls into question the integrity and independence of the judicial system.

"Based upon the ruling by the Alabama Supreme Court today, Alabama no longer has three branches of government -- it has one -- King Riley. The Alabama Supreme Court has now ruled that the Attorney General, the District Attorneys, Sheriffs, and the judges of Alabama do not answer to the people of Alabama who elected them -- but to King Riley," VictoryLand said.

Riley, though, said the decision means the law can be equally enforced in every county in the state, including Macon County.

"No longer can local elected officials protect gambling bosses from enforcement of the law," the governor said.

The Associated Press noted Aug. 2 that even if Tyson is successful at clearing the bingo machines out of VictoryLand, the casino and others like it could be back in business once a new governor takes office in January.

Both major party candidates for governor in Alabama have said they will disband the Task Force on Illegal Gambling. Ron Sparks, the Democratic candidate, has said his first action as governor will be to fire Tyson, and Republican Robert Bentley said he will "dismantle the task force" and concentrate on finding jobs for Alabama residents who are out of work, AP said.

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TAGS: USA Alabama Supreme Court gambling Judge Tom Young Gov. Bob Riley electronic bingo machines

[08/06/2010]

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