Minor: unanswered questions remain about bingo
by David Atchison
9 months ago | 1448 views | 3 3 comments | 8 8 recommendations | email to a friend | print
PELL CITY — St. Clair County District Attorney Richard Minor said last week there are still unanswered questions pertaining to the legality of electronic bingo machines.

“I think the more guidance the court gives, the better off everyone will be,” Minor said Wednesday.

Recently in a 6-3 decision, the Alabama Supreme Court struck down a preliminary injunction order by a lower court which kept Gov. Bob Riley’s Task Force from conducting raids on the White Hall Entertainment Center in Lowndes County, which advertised that the EC offered, “HOT SLOTS!” for its customers.

Minor said although last week’s ruling wasn’t an opinion rendered about a case that was tried and appealed from a circuit court, in his opinion the higher court’s ruling gives a sort of road map as to how the majority of the court views electronic bingo machines.

“In short, as the Riley defendants put it, the machines at issue ‘have none of the elements of human skill and interaction that are fundamental to the game of bingo,’” the high court’s opinion states.

The St. Clair County District Attorney also points to page 24 of the Alabama Supreme Court opinion which the court agrees that the legality of electronic bingo machine is “a matter of great public interest and importance and that there is a clear and pressing need for an authoritative determination as to that question.”

Minor said more guidance is needed from the Alabama Supreme Court.

“We have some people in the state who still argue that ‘electronic bingo’ machines are legal in Alabama,” Minor said. “I think our case pending before the court could go a long way in setting parameters as to what is a legal form of bingo by applying the high court’s six-point definition in the White Hall case.”

In its opinion, the Alabama Supreme Court defined the game of bingo, saying it must meet six criteria’s.

“I think it (the St. Clair County case) will give them another opportunity with a case that was tried in circuit court and whose final appeal is now before them,” Minor said. “Their opinion last week was for a preliminary injunction, not a final case ruling from a circuit court.”

One of the challenges by local St. Clair County authorities is that the local Constitutional Amendment 542 only allows bingo to be played on paper cards, not on electronic machines.

“They (the Alabama Supreme Court) did not address the issue whether or not under the Lowndes County amendment that only ‘paper cards’ can be used to play bingo,” Minor said. “That is one of the issues in our case.”

In the St. Clair County case involving electronic bingo machines, The city of Ashville, the American Legion Post 170, and Shooting Star Entertainment Group, LLC, plaintiffs in the case, asked the St. Clair County Circuit Courts for a declaratory judgment about whether the city of Ashville was in compliance with Amendment 542 of the Alabama Constitution. The city council passed an ordinance in December 2008 outlining the issuance of permits or licenses for electronic charity bingo.

St. Clair County Sheriff Terry Surles said publicly he would arrest anyone caught operating electronic bingo machines in St. Clair County.

Minor also contended the gaming devices were nothing more than slot machines dressed up as “purported bingo machines.”

St. Clair County Circuit Court Judge Charles Robinson eventually ruled in favor of the city of Ashville and the other plaintiffs involved in the case.

The judge ruled electronic bingo machines were legal, and the city of Ashville could move forward with bringing electronic bingo to that city.

Robinson refused to order a stay in the case, and a motion for a stay was filed with the Alabama Supreme Court by the defendants, Minor and Surles.

While the emergency motion for stay was being considered by the high court, Robinson allowed Shooting Star Entertainment Group, LLC, to move electronic bingo machines into the American Legion Post 170 in Ashville.

People played electronic bingo for about 12 days before the plug was pulled on the electronic bingo machines.

The Alabama Supreme Court’s in a 6-3 decision issued a stay in the case, which temporarily halted electronic bingo operations in Ashville and throughout St. Clair County until the high court rendered its opinion about the legality of the electronic bingo machines in St. Clair County.

Minor said he was uncertain when the Alabama Supreme Court would make its ruling in the matter.

“I don’t have any indication as to when the court will release an opinion in the St. Clair County case,” Minor said.
comments (3)
« almy wrote on Friday, Dec 04 at 06:35 PM »
Bingo has been on again/off again in this state for a few months. I can think of 4 different armed robberies that have occured at these establishments. A local television station interviewed the SECURITY GUARD employed by the bingo hall. Security guards, camera, alarms, and still crime occurs.

We waste enough money "treating" alcoholics, drug addicts... Alabama does not need one more addiction people can hide behind to receive government assistance.
« EQ wrote on Friday, Dec 04 at 11:09 AM »
What I find amazing is, that our tax dollars are still paying for Bob Riley, Richard Minor, & Terry Surles to continue on their same old tired RELIGIOUS MANDATES to actually force people "to live their way." Hell it's the people’s money. If the people want to spend their money @ Wal-mart, then so be it, if they want to spend their money @ electronic bingo, then that is the same choice, neither action is different. It has the same addiction factors abatement (yes, it does). It also generates the same kind of tax dollars. These "Republican DRACONIAN SLAVE-Mongers" should stay out of the Private Citizen’s homes and financial decisions. They (these 3 politicians) are over-stepping their boundaries-of-authority " Deprivations of Rights Under The Color of Law." And they should be prosecuted for such actions. Meanwhile there are everyday criminals running free that are not being prosecuted as mandated by law real laws, because these 3 politicians "have other interest" all-the-while being paid for their actions against the very people they are sworn to serve with hard earned tax dollars. Oh, I guess they have forgotten about their oaths. So sad, Alabama is still being abused and thrown in the toilet just like the Jim Crow days.
« DCG wrote on Monday, Nov 30 at 02:22 PM »
Um... someone tell me what skill is used to play paper bingo??

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