The Alabama Baptist / Page 5

september 2, 2010 / The Alabama Baptist / Page 5

For-profit, big business Macon County touted as lead dog in ‘electronic bingo’ race in state By Sondra Washington The Alabama Baptist acon County was not first in Ala- bama to pass a constitutional M amendment allowing bingo gambling. Actually it was dead last. But once the amendment was voted into law Nov. 4, 2003, it changed bingo as most Alabamians knew it and created a for-profit Las Vegas-style gambling business that many have tried to imitate around the state. Now the county’s sole casino, VictoryLand in Shorter, is fighting to keep its empire in- A glimpse of tact while Gov. Bob Riley and his Task Force on Illegal Gambling are closing in ready to issue the business a final death blow. VictoryLand Initially Alabama House Bill (HB) 660, Dog racing which would become Macon County’s bin- was legalized go amendment, was introduced to legislators in Macon, in 2003 looking almost identical to the 17 Greene, other laws allowing charitable bingo across Jefferson the state. and Mobile Gambling opponents and supporters counties in worked together to make the bill suitable for Photo courtesy of Montgomery Advertiser the 1970s. both sides. But in what some gambling op- state’s largest casino — Milton McGregor’s ‘electronic bingo’ casino on the bot- ponents call a “sneaky” last-minute move, tom floor of VictoryLand now sits behind plywood after the entrance points were boarded VictoryLand the bill’s sponsor, former Rep. Johnny Ford, up Aug. 9 following a threatened raid by the Governor’s Task Force on Illegal Gambling. was built of Tuskegee, submitted a new bill. Only a in Shorter few words were changed, yet the bill legal- was the same bill. … Before it could be giv- “IGT is one of the sponsors of the mayor’s in Macon ized a new form of electronic gambling in en to anyone to look at, they voted on it and conference (an event in Las Vegas Ford had County in the state (see Birmingham News article from passed it. Then,within minutes, we found out attended previously as mayor of Tuskegee),” 1984. 2003 for more on the bill, page 7). it was a different bill.” he said. “Jerome Young (who supplied video “We were doing it like traditional types machines at VictoryLand at that time) was in of bingo where you operated it on your own Connecting the dots charge of minority affairs and had a session Birmingham premises … not paying rent for the prem- “I am the representative who wrote and at the conference. had live horse ises, not paying anybody a consulting fee to originated HB 660 (which passed the state “He had a conference on gaming and how racing 1987– run the game, not paying anybody any ex- Legislature on June 11, 2003), the bill that it impacted communities,” Ford said, noting 1992, but all penses and limited on the amount of prizes actually brought electronic bingo to Ala- it was Young and Chuck Brook of IGT who tracks have that could be paid,” Birmingham attorney bama,” Ford told The Alabama Baptist dur- were at the IGT booth in San Francisco. simulcast Eric Johnston said. “Those were three things ing the 2010 legislative session. While Ford said he first saw the “bingo horse, dog taken out by Ford, and he told everyone it “The original intent was just to satisfy the machine” the month after the the Macon racing. senior citizens, but County bingo legislation passed, he had at the same time, I been involved with the company and one its While video realized VictoryLand representatives prior to the legislation pass- poker/gambling was on the verge of ing. machines first closing and losing “I’m responsible for changing the gaming appeared in jobs,” he said. industry in Alabama forever,” Ford said. “The bill I intro- Alabama in the late New level of gambling 1990s, electronic duced said bingo gambling came to could be played in The bill allowed nonprofit organizations VictoryLand any form,” Ford ex- to let other businesses operate the games on in 2003. plained. “I did my their behalf and pay consulting fees for ser- due diligence.” vices related to the games’ operation. It also While representing did not specify what legislative body was The Oasis Alabama at an event responsible for setting cash or prize limits hotel was in San Francisco in associated with the games. built as July 2003, Ford said Johnston said these changes to bingo op- part of the IGT (International erations took the state’s gambling business new casino Game Technology) to the next level. atmosphere Photo courtesy of Montgomery Advertiser introduced him to “Because of the bill that Johnny Ford got in late 2009. just the track now — Milton McGregor, owner of Victory- the machines being passed, they didn’t have any limitations on Land, talks to the media Aug. 13, when the Shorter facility reopened labeled electronic it,” he said. “VictoryLand … had a big facility after closing to shut down the ‘electronic bingo’ section. bingo. (See ‘Battle,’ page 7) Page 6 / The Alabama Baptist / september 2, 2010 Gambling in Alabama Recent debates over gambling ignore Significant moves original purpose of bingo in state related to gambling 1901 By Sondra Washington was being considered that this would Article IV, Section 65 of the Alabama Constitution and Jennifer Davis Rash happen. They didn’t listen. of 1901 prohibits games of chance in the state. Be- The Alabama Baptist “I argued then that if the gambling cause of this constitutional provision, the Legislature ingo may be considered a big- interests got their foot in the door, there cannot simply pass laws that permit types of gam- money game in Alabama today, would be outright gambling, and that’s bling. All legal gambling is allowed only by addi- B but it didn’t start out that way. what we’ve got today,” Ireland said. “It tional constitutional amendments. Also based on this Experts say when legislators began pass- was just a gateway to what we’re facing constitutional provision, the Legislature passed the ing constitutional amendment bills al- right now.” provisions of the Alabama Criminal Code that make lowing the charitable games in 1980, Some state senators and representa- gambling a crime. most Alabamians believed they were tives fighting for legislation to legalize voting for traditional paper bingo not the the electronic slot-type gambling being 1971 so-called electronic bingo being housed labeled electronic bingo admit the gam- Pari-mutuel wagering at dog and horse tracks was in Las Vegas-style casinos that have bling interests are using the constitu- found constitutional in Opinion of the Justices, 251 tried to open across the state. tional amendments permitting bingo in So.2d 741. The Alabama Supreme Court said while While state law prohibits the elec- certain areas to expand gambling in the Section 65 of the constitution prevents the Legisla- tronic slot-type machines that have been state. (For a list of places where bingo is ture from authorizing a lottery, it does not prevent introduced to and pulled from numerous legal, see story this page.) the Legislature from authorizing forms of gambling communities at one time or another over And operations managers at some of that do not constitute a lottery. There is a significant the past seven years, the Poarch Band of the casino-style facilities that were open degree of skill involved in dog and horse racing and Creek Indians currently has three casinos earlier this year told The Alabama Bap- therefore it is constitutional. in Alabama because federal regulations tist that the tiny digital bingo card tucked and laws allow them. (An explanation of Traditional in the corner of the machine’s screen is 1980 how gambling on reservation land func- paper bingo only there “because we have to have that Bingo has always been considered a game of tions will be part of this series in an up- to be legal.” chance. In Act 80-431, Amendment 386 to the consti- coming issue.) They said the spinning symbols are tution, Jefferson County became the first county to Still VictoryLand in Macon County Constitution’s prohibition on lotteries. what matters. “The bingo card is just authorize limited charitable bingo. became the first non-Indian and largest “The gambling interests have taken there because we have to have that in casino in the state when more than 6,000 this narrow exception and tried to drive Alabama.” 1980–2004 machines were added to the already-ex- an armored truck through it by using the But outgoing Attorney General Troy Since that time, there have been 17 additional con- isting facility housing one of Alabama’s names and entities of certain charities King contends the machines really are stitutional amendments that permit bingo in one form four legal dog tracks. It recently shut and introducing slot machines that they playing bingo — at least in some areas or another in various counties and municipalities in down its electronic “bingo” operation to claim are only playing bingo,” Falls said. of the state. Alabama. avoid being raided (see story, page 5). “However, bingo has nothing to do with “The game is playing bingo, but the 1980 — Madison County Wind Creek Casino & Hotel, located on the machines they are using and they are look of the slot machine is just a façade,” 1982 — Montgomery County the Poarch Creek Indian reservation in in violation of the law because they are he said, noting people want slots, so it is 1984 — Mobile County Atmore, is currently the largest casino establishing for-profit businesses instead just to give them what they want. 1990 — Etowah County operating in the state with more than of charitable bingo operations.” 1990 — Calhoun County 1,600 machines. Legal bingo operations must be run What constitutes bingo? 1992 — St. Clair County But no matter which one has the most by a charity, he explained. “They have to King — who researched the machines 1993 — Walker County machines or the glitziest facility, large- do it on their own premises or property at VictoryLand, Greenetrack in Greene 1993 — City of Jasper scale bingo operations were never meant that is rented by them. They cannot pay County and the three facilities run by 1995 — Covington County for enterprise, said Jefferson County Dis- anyone to operate the game on their be- the Poarch Creeks in 2004 — found the 1996 — Houston County trict Attorney Brandon Falls. half, and all of the money has to go to the machines in those five operations legal 1996 — Morgan County charity. They can’t pay employees and under Alabama law. 1996 — Russell County ‘Narrow exception’ they can’t run it like a business.” “(These) are machines with bells and 2000 — Lowdnes County “It is supposed to be a way for chari- This description doesn’t seem to match whistles but with a bingo card in the cor- 2000 — Limestone County ties to raise money,” he said. “There were any of the current operations garnering ner,” he said. “When you put money in 2002 — Town of White Hall organizations — churches, senior cen- endless headlines and generating court the machine, bingo balls start falling.” 2003 — Greene County ters, etc. — that were already operating cases. Experts who work for slot machine 2004 — Macon County (passed Legislature in 2003) bingo games, and they didn’t want to be But Dan Ireland, executive director manufacturing companies disagreed. Dur- 1990s in violation of the law. So they went to emeritus of Alabama Citizens Action ing several electronic “bingo” court cas- Numerous efforts took place to expand gambling the Legislature and asked them to pass Program, isn’t surprised. He warned leg- es in the state, they said electronic bingo through various types of legislation, such as video islators when the first bingo amendment this narrow exception to the Alabama (See ‘Machines,’ page 7) poker. These efforts failed. 2003 As a result of developing electronic technology that increased the potential for bingo gambling, bingo-related bills began to be introduced in the Leg- islature. Act 2003-124 (Amendment 744 for Macon County) was the major bill that passed (ratified in 2004). 2004 There continued to be a question about what is a game of skill and what is a game of chance since Section 65 forbids games of chance. In Ex Parte Ted’s Game Enterprises v. Ted’s Game Enterprises, 893 So.2d 376, the Alabama Supreme Court held that if chance is the dominant factor, then it is a prohibited game of chance. The court noted the history of Alabama was to make broad prohibition of games of chance and specifically noted that “bingo” was such a game that needed to be excepted from Section 65 by additional constitutional amendments. Las Vegas Style of machines Electronic Bingo being called electronic Timeline provided by attorney Eric Johnston Slot Machines bingo in Alabama with additional reporting by The Alabama Baptist september 2, 2010 / The Alabama Baptist / Page 7 Gambling in Alabama Battle of the wills Federal court proves VictoryLand charitable giving ‘negligible,’ but locals OK with crumbs (continued from page 5) in their jurisdiction. With only five police of- already … so they pushed everything to the ficers at the time, she said VictoryLand was limit from the number of machines to what a facility “greater than we can maintain and they were doing. They were using more so- cover.” She added, “We are trying to main- phisticated machines — slot machines — and tain all of this coming into our town. We need others began to follow suit. … They set the money to take care of the people that we have standard so to speak.” been elected to take care of.” Dan Ireland, who served as executive di- Fearing a task force raid, VictoryLand vol- rector of Alabama Citizens Action Program untarily closed its doors Aug. 9 even though during that time, agreed and called Victory- McGregor reportedly maintains his machines Land’s setup “major league” compared to are legal bingo machines. He blames Riley other “sandlot”-type gambling operations for intruding in county business. around the state. “Consider the fact the constitutional amend- “The only thing about it is that it went in ment that authorized charity bingo in Macon under the guise of being charity bingo, and County went through the Alabama Legisla- Photo by Jennifer Davis Rash the charity part is almost ture, was pre-cleared by the lobbying for expanded gambling — Johnny Ford, former mayor and for- negligible,” Ireland said. Department of Justice and mer state representative of Tuskegee, tells reporters Feb. 11 at the Alabama State- “From all I have read, the For additional approved by 76 percent of house that the VictoryLand casino is a good thing for the people of Macon County. biggest part of the money is reporting on the voters in Macon County,” going to the (dog) track and McGregor told the Tuskeg- tial until the high court releases its opinions. system. The court is conducting an internal not to charity or for the ben- ‘electronic bingo’ ee News. “Yet after seven As rumors circulated suggesting improper investigation of the source or sources of such efit of county functions.” debate in Alabama years of operation, Riley communications between the court and Ri- unauthorized disclosure or disclosures.” Recently a federal court as well as other with his signature vetoes ley’s office, the justices responded with a Retired Supreme Court Justice J. Gorman ruling found that Victory- gambling-related all of those actions at the news release denying the accusations. Houston Jr. is leading the investigation. Land and owner Milton expense of Macon County “Information concerning the assignment Meanwhile a plywood wall now separates McGregor “profited” more articles, visit and the state. Nothing like of cases to members of this court and the VictoryLand’s gambling machines from its than $162 million in 2008 www.tinyurl.com/ that has ever happened in anticipated date of release of such cases is pari-mutuel dog and horse racing business. but gave less than 1 percent electronicbingo. the history of this state. highly confidential,” the release stated. “Any The task force said if the electronic games of that to charities. Still His actions (resulting in the unauthorized disclosure of such information are reopened to expect a raid of the facility. county and charity leaders shutting down of the ‘elec- is detrimental to the integrity of the judicial (Jennifer Davis Rash contributed) have expressed satisfac- tronic bingo’ operation at tion with the amount they VictoryLand) have cost received, according to a thousands of jobs and mil- — Article from The Birmingham News Nov. 7, 2003 — Tuskegee News article. lions of dollars in taxes.” And some claim their Riley and his team say organizations’ existence depends on Victory- the machines are illegal slots and McGregor Bingo amendment surprises lawmakers Land. knows it. By Bob Johnson VictoryLand owner Milton McGregor John Anderson, chair of Macon County’s “These attacks are just another example of The Associated Press said if a charity or nonprofit group picks his Share and Care Committee, which provides the contemptible lies the gambling interests o the surprise of some legislators, track as a site for the games, it could pump free food to the needy, reportedly said, “The regurgitate over and over again,” Riley said. the amendment approved by Macon new life into his track, which he said has $25,000 we get as our share for charity bingo “It truly is despicable.” T County voters Tuesday will allow struggled to keep up with American Indian is basically our entire budget.” Others had Jeff Emerson, Riley’s communications di- bingo games to be played at the Victory- gaming centers in Wetumpka and Mont- similar stories since VictoryLand also gives rector, agreed. Land dog track and other venues with un- gomery. He said bingo could mean as many money to “nine volunteer fire departments, “If One-Percent McGregor really, hon- limited pots. as 100 new jobs at the track in Shorter, several schools, nutrition centers, Tuskegee- estly believed his slot machines were legal, Players could win “a million dollars,” about 20 miles east of Montgomery. Macon County Head Start and the Tuskegee he would keep his casino open,” Emerson said Rep. Johnny Ford, R-Tuskegee, who “This is the best thing to happen to Ma- Area Chamber of Commerce.” According to said. “Then he could argue his side in a court pushed the proposed bingo law through con County since 1982, when VictoryLand the article, taxes from VictoryLand provide of law, but that’s the last thing One-Percent the House. The amendment Macon County was approved,” McGregor said. He said more than one-third of the county’s budget. McGregor wants because he knows his slot residents voted on was not the one many that besides pumping money into local machines are illegal. … The Alabama Su- legislators thought they had passed. charities, it would help VictoryLand by Additional services needed preme Court has ruled unanimously, mem- In fact, at one point the Alabama House increasing the amount of tax revenue the But some question whether that is enough bers of both parties, and has been very clear. rejected the version with no limits on the track pays the county. money to cover the additional services needed … One-Percent McGregor tells people the winning pots. But Ford said Thursday he as a result of the increased traffic, social prob- opposite because he wants to continue break- used a little “clever maneuvering” to sub- Unlimited purses lems and other issues arising from a gambling ing the law.” stitute his version before the bill received He said the unlimited purses would make facility the size of VictoryLand. In 2009, During the war of words between Vic- final passage. He said he did it to pump it easier for the track to compete with the Shorter Mayor Willie Mae Powell’s plea to toryLand’s supporters and opponents, the money and jobs into his mostly black and Indian casinos, which offer unlimited cash Alabama legislators indicated it is not. Alabama Supreme Court even came under low-income county. payouts. While Powell said she supported a bill le- fire when a Montgomery newspaper printed “You see our county has been treated un- “I’m not opposed to Indians. I’m op- galizing VictoryLand’s gambling activities, an article correctly detailing a forthcoming fairly down through the years,” Ford said. posed to being treated differently. They pay she asked state lawmakers to consider allow- ruling on VictoryLand, which included the “It is necessary to use whatever political no city or county or state taxes,” McGregor ing “host municipalities” to tax the facilities author’s name. This information is confiden- maneuver I could to get our people the right said. to vote.” Rep. Dick Brewbaker, R-Montgomery, Voters in Greene County also passed a said he did not like the way the bill was Machines look like, act like slots bill Tuesday that legalized bingo games, handled by Ford. He said he felt that many (continued from page 6) legal, King explained. The hard part is know- which could be held at the GreeneTrack legislators did not know the bill allowed does exist but not in the form found in Ala- ing which ones are adaptable and which ones dog track. It was originally introduced with unlimited purses until after it had passed. bama. aren’t, he said. “There are machines that are an unlimited pot, but lawmakers amended “Frankly it was a cheap trick. I hope it Electronic bingo is still the game of bingo legal and some that are illegal.” it on the last day of the session to limit pots was worth it to Ford and to the people who in how it looks and is played; it is just on a And while King has maintained his stance on for one bingo session to $10,000. operate dog tracks,” Brewbaker said. “The computer monitor rather than paper, the ex- the legality of electronic “bingo” in Alabama, Under both the Macon and Greene Coun- next time they have legislation, nobody is perts said. The machines in Alabama are slot questions still remain over what bingo, in an ty bills, the bingo revenues have to be for going to believe a word they tell them.” machines with a small bingo card icon added ever-changing world of technology, looks like a nonprofit organization, but the nonprofit Ford got the unlimited pot version passed through the software, they noted. and whether Alabamians have forgotten the could contract with VictoryLand to operate with the help in the Senate from Sen. My- But as long as the machines cannot be con- real reason bingo was legalized in some areas the games. ron Penn, D-Union Springs. verted into true slot machines, then they are in the first place. Page 8 / The Alabama Baptist / september 2, 2010 Gambling in Alabama Macon County remains in ‘economic misery’ By Sondra Washington ey to pay for those jobs out of the The Alabama Baptist economy.” ne million dollars may seem In a recent Montgomery Adver- like a lot of money until you tiser guest opinion article, U.S. Charity contributions from VictoryLand O realize it’s less than 1 per- Rep. Artur Davis commented on gu- cent of what you could have had. It bernatorial candidate Ron Sparks’ Gross Profits Gross Receipts Money to Charity also doesn’t help to know hundreds plans to use legalized and expanded of millions of dollars have entered gambling in Alabama to create jobs a repressed county, yet very little and revenue and the state of Macon 2004 $49,902,963 $64,070,688 $546,350 changes have been made to the sur- and Greene counties. (0.9% of gross receipts) roundings. “Ron Sparks’ This was the re- strategy is straight- ality facing Macon People living forward and it just 2005 $89,148,794 $112,693,949 $978,250 County residents isn’t good enough: (0.9% of gross receipts) when a June 30 below poverty level he would extend federal court ruling in Macon County: the footprint that 2006 $110,936,378 $139,853,391 $797,650 revealed Victory- the casino operators (0.6% of gross receipts) Land’s “sizable” 1999 — 26.8 percent hold in Greene and gambling profits 2003 — 26 percent Macon counties to and “marginal” communities all 2007 $126,706,748 $157,498,710 $797,650 charitable giving 2004 — 28.3 percent over the state,” Da- (0.5% of gross receipts) (see sidebar). 2005 — 32 percent vis wrote in a Mont- Although county gomery Advertiser and charity leaders 2006 — 30.2 percent guest opinion ar- 2008 $125,860,684 $162,571,464 $1,300,026 receiving donations 2007 — 29.6 percent ticle. “The problem (estimated) (0.8% of gross receipts) from the multimil- 2008 — 30.5 percent is that even with lion dollar casino the casinos, Greene have continued de- Source: U.S. Census Bureau and Macon are still TOTAL $503 million $637 million $4.4 million (0.7%) fending its practic- impoverished and es, some people are are centers of the asking why the county has changed worst examples of economic misery. Note: Gross receipts refers to money collected by the casino, minus money paid out to winners. Gross profits is the amount the so little in the seven years Victo- As recent reports documented, the casino has after paying winners and paying lease fees for the bingo machines but before operating expenses have been paid. ryLand has operated its slot-style ‘mandatory’ charitable donations Source: Federal court ruling/The Birmingham News July 21, 2010 gambling machines in Shorter. from the casinos to these counties For years, gambling opponents are woefully inadequate.” have speculated about how much Davis’ claims are reinforced by when VictoryLand dodged a raid by Yet actions by McGregor and Ma- They’ve paid an economic price, money Alabama casinos generate U.S. Census Bureau statistics, which voluntarily closing down its elec- con County Sheriff David Warren to losing jobs and exporting billions and how much of it was being re- reveal a poverty rate far higher than tronic gambling section, McGregor keep another casino from opening of dollars from local economies. invested into the areas housing the the state’s poverty level, both before said the “system of government in in the county — which could have They’ve paid a social price, seeing casinos. But when the federal court and after slot machine gambling be- our state has broken down.” provided additional taxes and jobs crime rates skyrocket. They’ve paid studied financial records from the gan in both counties. “To (Gov.) Bob Riley, you should — are what led to the federal case state’s largest casino, the specula- Milton McGregor, VictoryLand’s a political price, too, as powerful, be ashamed of yourself for putting revealing VictoryLand’s donation organized gambling bosses have tors’ fears were confirmed. owner, maintains his business pro- history. Alabamians out of work in these ter- taken a stranglehold on govern- “The gambling doesn’t make it vides millions of dollars in taxes, Todd Stacy, Riley’s press secre- (Macon County) a better place to much-needed jobs and critical ser- rible economic times and you should ments. Gov. Riley doesn’t want to be ashamed of the senseless suffer- tary, said, “The evidence is irrefut- live,” said Birmingham attorney vices in Macon County and the able. Casinos are a drain on local see any of that happen in Alabama. ing and damage you are causing in Eric Johnston. “It gives a few jobs state. and state economies. They squeeze “Building casinos for economic to a few people but takes the mon- In a press release issued Aug. 9 Macon County,” McGregor said. money out of communities and send development is like someone quit- it to out-of-state gambling bosses. ting their job to play the lottery,” he Places that have legalized casino said. gambling have paid a high price. “You’re just going to lose.” Amendment 744 ratified(2004) Relating to bingo games in Macon County he operation of bingo or concessions on behalf of Notes of interest dealing with T games for prizes or money the nonprofit organization. A by nonprofit organizations for To find the constitutional nonprofit organization may Milton McGregor, VictoryLand charitable, educational, or other amendments dealing with pay consulting fees to any in- ircuit Judge Tom Young con- he electronic gambling section lawful purposes shall be legal dividual or entity for any ser- tinually has passed restraining of VictoryLand is referred to as in Macon County. The sher- bingo in the 16 counties and vices performed in relation to C T two cities in Alabama, visit orders against the Govenor’s Task Quincy’s Triple Seven Bingo Ca- iff shall promulgate rules and the operation or conduct of a Force on Illegal Gambling, refus- sino and was open 24 hours a day, http://law.justia.com/alabama/ regulations for the licensing bingo game. ing to follow the Supreme Court’s seven days a week until McGregor and operation of bingo games constitution/index.html 5. A nonprofit organization earlier orders clearing the way for voluntarily closed the casino sec- within the county. The sheriff and search for the area plus may lend its name or allow its the task force to raid VictoryLand. tion down Aug. 9. shall insure compliance pursu- the phrase “bingo amendment” identity to be used by another ant to any rule or regulation and person or entity in the operat- ictoryLand owner Milton lcoholic beverages were avail- the following requirements: (Ex.: Macon County bingo ing or advertising of a bingo amendment). V McGregor also owns the Bir- A able at VictoryLand until ear- 1. No person under the age game in which the nonprofit mingham Race Course. His prima- lier this year when the task force of 19 years shall be permitted organization is not directly ry office is located in Montgomery, threatened to raid the facility. If no to play any game or games of and solely operating the bingo where he lives. He is a member of alcohol is sold, Alcoholic Bever- bingo, nor shall any person game. Frazer Memorial United Methodist age Control Board officers have no under the age of 19 years be suance of the permit or license. 6. Prizes given by any non- Church, Montgomery. reason to enter the facility. permitted to conduct or assist 3. Bingo games may be oper- profit organization for the in the operation of any game of ated on the premises owned or playing of bingo games shall bingo. leased by the nonprofit organiza- not exceed the cash amount or 2. No bingo license shall be tion operating the bingo game. gifts of equivalent value set by issued to any nonprofit organi- 4. A nonprofit organization rule or regulation during any zation, unless the organization may enter into a contract with any bingo session during any cal- shall have been in existence for individual, firm, association, or endar week. at least three years in the coun- corporation to have the individu- ty immediately prior to the is- al or entity operate bingo games Source: www.justia.com september 9, 2010 / The Alabama Baptist / Page 5

State says no slot-type ‘bingo’ Greene, Macon county leaders claim civil rights violations By Sondra Washington The Alabama Baptist ombine 31 pro-gambling Greene and Macon County leaders with three C well-known Alabama civil rights attorneys — Edward Still, James U. Blacksher and Fred D. Gray — and what do you get? A lawsuit accusing Gov. Bob Riley and Mobile County District Attorney John Tyson of voting rights violations and intimidation tactics likened to those used by the Ku Klux Klan. Since Riley and his Task Force on Illegal Gambling, led by Tyson, began raiding fa- ‘Bingo’ in cilities operating slot machines being called electronic bingo, several Greene and Macon County legislators have accused them of Greene County civil rights violations. While the legislators 1978 claim the task force has targeted facilities in Greenetrack built in Eutaw in 1978. predominantly black areas, Riley maintains Live greyhound racing took place for that it has applied the same pressure to other a few years, but now the track only casinos around the state including those in has simulcast greyhound and horse Houston, Jefferson, Lowndes, Madison and racing. Mobile counties. On July 29, Sen. Bobby Singleton, D- Greensboro; Rep. A.J. McCampbell, D- Sept. 26, 2003 Linden; several Greene and Macon County The Legislature unanimously pass- commissioners; and other concerned citizens es Senate Bill 9, authorizing a consti- filed a lawsuit in federal court against Riley tutional amendment allowing charity and Tyson — as individuals and in their of- bingo in Greene County. ficial capacities — claiming violations of the Voting Rights Act of 1965 and Ku Klux Klan Nov. 4, 2003 Act of 1985. The Greene County constitutional amendment passes in the general elec- Debate over voting rights tion. In the complaint, Riley and Tyson are accused of implementing “policies and practices that effectively nullify the votes of the June 11, 2004 electoral majorities in Greene and Macon The Greene County bingo amend- counties who approved local amendments to ment is ratified. the Alabama Constitution establishing lawful regimes in their respective counties for elec- Dec. 1, 2004 tronic bingo operations.” Attorney General Troy King issues Riley and Tyson also are accused of send- a news release stating the machines ing “large numbers of state troopers on the being labeled electronic bingo are le- highways and premises of the residents of gal in Greene County, Macon County Greene and Macon counties for the purpose and the three facilities run by the Po- of threatening and intimidating,” which the File photo arch Band of Creek Indians. plaintiffs say violates the Klan Act. The act “makes it unlawful for ‘two or more persons case) as a last-ditch effort to block the state tiffs should “be ashamed of themselves.” 2004–2008 in any state or territory (to) conspire or go from enforcing its gambling laws.” “I think it is an absolute shame that they in disguise on the highway or on the prem- would confuse the high ideals embodied The machines evolved into slot ‘Shielding illegal gambling’ machine-style gambling. ises of another, for the purpose of depriving, in those statutes with slot machine bingo either directly or indirectly, any person or Since the task force has applied its law games,” he said. class of persons of the equal protection of the enforcement powers against other casinos Still the plaintiffs believe Riley and the July 1, 2010 laws.’” across the state, the governor’s team said, task force “have caused, and are continuing Greenetrack had more than 1,500 Riley’s legal team filed a motion to dismiss “Plaintiffs are insulting the letter and the to cause, grievous and irreparable harm to the machines when it was raided by the the case Aug. 27, calling the lawsuit “frivo- spirit of (the) nation’s most important civil citizens of those counties” by “shutting down Governor’s Task Force on Illegal lous.” rights laws by invoking them to shield illegal the bingo operations in Greene and Macon Gambling. “It (the case) has nothing to do with vot- gambling. Plaintiffs are not really alleging, counties.” ing rights and everything to do with moneyed and cannot possibly allege, that the governor But Birmingham attorney Eric Johnston Timeline compiled by interests’ attempts to flout Alabama’s laws and commander (of the task force) have vio- said, “Nobody’s rights have been disenfran- The Alabama Baptist prohibiting gambling,” the response stated. lated their right to vote.” chised. “They (the plaintiffs) are bringing it (the Tyson told The Alabama Baptist the plain- (See ‘Case,’ page 6) Page 6 / The Alabama Baptist / september 9, 2010 Gambling in Alabama

File photo all bets on — Pari-mutuel wagering, like seen here at Greenetrack’s simulcasting grey- Photo courtesy of Tuscaloosa News hound and horse racing, was found constitutional by the Alabama Supreme Court in 1971. Case could be a move to distract (continued from page 5) “Every bit of this is to try to call attention away from the illegal gambling going on,” he said. “The main thing is they are trying to delay [the case] long enough to get to the inauguration in Janu- ary because then the task force will end because (Ron) Sparks supports legalized gambling and (Robert) Bentley said he would dissolve the task force if he became governor.” Johnston believes the plaintiffs have built a “fragile legal structure in an effort to delay justice in Alabama.” “Every single one of them (the plaintiffs) has an interest in seeing gambling continue,” he added. “The commissioners want the employ- ment from gambling, claiming that people need jobs and they need money for the community. But they are part of the political machine that wants to perpetuate gambling even though it’s slot machine gambling that violates our criminal law. … I think they know that this lawsuit is so fragile and so tenuous that once there is an opportunity to address it on the mer- Photo courtesy of Tuscaloosa News its, it will get thrown out.” rallying the crowd — Greenetrack owner Luther ‘Nat’ Winn prepares for a press conference following the July raid. Notes of interest dealing with gambling at Greenetrack ictoryLand in Macon County formation shows Greene County’s rate was nearly double Alabama’s. Greenetrack claiming that its elec- proceeds from Greenetrack was to V may not have been the only unemployment rate nearly doubled tronic bingo casino owed it more go to Greene County schools, 20 casino skimping on from 2008 to 2009 reenetrack, which opened in than $72 million in unpaid taxes. percent to the county’s volunteer its charitable giving. while Greenetrack’s G Eutaw in 1978, eventually Also that year, individuals filed fire departments, 20 percent for the Numerous reports People living casino operations earned the reputation of having a lawsuits against Greenetrack claim- county’s E911 system, 10 percent reveal Greenetrack below poverty level flourished. “killing fields” track until animal ing authorities rigged its electronic to county law enforcement and 10 also did little to help in Greene County: The county’s rights groups removed injured gambling machines to pay out percent to Greene County Hospital, its host county. poverty level is not greyhounds from its kennels in $20,000 to former Birmingham county parks and recreation. According to a much different now 2003 — 25.1 percent 1998. Mayor Larry Langford. A similar July 18 Birmingham than it was before 2004 — 26.5 percent suit was filed against VictoryLand ccording to The Birmingham News article, less the casino moved 2005 — 33.9 percent that Langford received the same News, Greene County is the than $2 million of 2006 — 33.2 percent in. During each year aul Bryant Jr., son of legendary A “benefit.” state’s least-populated county. the estimated $100 2007 — 33.2 percent of Greenetrack’s P Alabama football coach Paul million Greenetrack 2008 — 30.3 percent electronic gambling “Bear” Bryant, was Greenetrack’s The Census Bureau’s 2000 Demo- made annually over operation, Greene chief investor before withdrawing hen Greene County vot- graphic Profile gives the popula- Source: U.S. Census Bureau the past six years County’s poverty from the business and moving his W ers passed a constitutional tion as 9,974. from slot machine- level never dropped money to a track in Texas. amendement in 2004, The Birming- The black population is predomi- style gambling was given to chari- below 25 percent while the state’s ham News reported that Greene nant with 8,013 people. ties each year. Plus Alabama De- poverty level stayed in the teens. n 2009, the Alabama Department County Commissioner Donald (Compiled from news articles, U.S. partment of Industrial Relations in- At times, the county’s poverty I of Revenue filed tax liens against Means said 40 percent of the bingo Census information by TAB) september 9, 2010 / The Alabama Baptist / Page 7 Gambling in Alabama Illegal slots? Greenetrack owner, Greene County leaders claim electronic devices are legal bingo By Sondra Washington to the unanimous vote by the Alabama Sen- The Alabama Baptist ate and House of Representatives in 2003. “It ambling is big business in Greene was not intended to be slot machine gambling. County, and its supporters have fought That is totally made up by their lawyers.” G tooth and nail to protect it. When Gov. Dan Ireland, who served as executive direc- Bob Riley and his Task Force on Illegal Gam- tor of Alabama Citizens Action Program dur- bling began cracking down on businesses with ing that time, said citizens believed they were slot machine-style gambling across Alabama, allowing traditional paper bingo when they county leaders organized marches and even voted on the amendment in 2004. threatened violence to prevent state law en- “At that time, nothing was ever said about forcement officials from shutting down their bingo machines,” he noted. “They (voters) cash cow. were led to believe that it was just going to be Still state agents raided the area’s sole gam- charity bingo.” bling business, Greenetrack in Eutaw, on July Former Sen. Charles Steele, D-Tuscaloosa, 1, removing about 900 devices they consider who sponsored Senate Bill 9, which became Photo courtesy of Tuscaloosa News illegal slot machines. So area leaders are con- Greene County’s bingo amendment, could not big business — A Greenetrack employee demonstrates how the electronic gambling tinuing their fight in the state and federal court be reached by press time. machines work. On July 1, Gov. Bob Riley’s task force removed about 900 devices. system (see story, page 5). Johnston said including the words “electronic marking machine” do not somehow legalize chines used in the facility prior to the raid. technologically advanced form of bingo — but ‘Electronic marking machine’ the use of slot machines. Greenetrack owner Luther “Nat” Winn did not bingo nonetheless.” Gambling supporters argue that Greene “An electronic marking machine is no differ- return repeated calls by press time. Johnston also believes gambling proliferated County’s constitutional amendment, which ent than a dauber or marker you hold in your However, Johnston believes the use of slot in Greene County and other parts of the state allows bingo on an “electronic marking ma- hand,” he said. “You physically mark your machines being called electronic bingo ex- because officials in those areas are “integrally chine,” permits any form of bingo gambling cards electronically. The machine doesn’t do panded after Attorney General Troy King is- involved with the gamblers” and “have an in- county leaders deem acceptable. But the ma- it for you. … It allows you to put your bingo sued a news release in 2004 stating that the terest in seeing gambling continue.” chines do not align with the state Supreme cards on a screen, and you look at them just as kind of machines operated at Greenetrack and “The (county) commissioners want the em- Court’s November 2009 ruling of what legal if they were paper cards lying in front of you. VictoryLand in Shorter were legal. ployment from gambling,” he said. “They are bingo is (see The Alabama Baptist, Dec. 10) When they drop the ball or call out the number, part of the political machine there that wants to and opponents say the county’s amendment is you physically mark that particular square, and ‘Can still be bingo’ perpetuate gambling even though it’s slot ma- not much different from the 17 other laws al- you do it electronically on the screen in front “It cannot be concluded, as some have, that chine gambling that violates our criminal law. lowing the games of chance in Alabama. of you rather than on the piece of paper in front just because the game is being played on video It’s just like Phenix City (where illegal gam- According to Birmingham attorney Eric of you. … You still can only play the number consoles, it is not ‘bingo,’” King wrote. “Just bling led to widespread criminal activity). ... Johnston, the amendments allowing bingo of cards that you can mentally and physically as no one would contend that e-mails are any Wherever big-time gambling is going on, the “are traditionally written to allow limited char- keep up with. The machine is not marking the less a form of correspondence than are letters city fathers want it. … You’re either with the ity bingo.” squares through a process that you are not in- written with a quill pen but instead represent gamblers or you are not a part of leadership in “If it (Greene County’s amendment) were volved in. … That’s what was intended.” a technological evolution in correspondence, the community.” something other than that, we would have op- Gambling experts are not certain when similarly bingo games that are depicted on a Greene County commissioners and legisla- posed it in the Legislature,” he said, referring Greenetrack began operating the type of ma- video console can still be bingo — albeit a tors could not be reached by press time.

Amendment 743 ratified (2004) Relating to bingo games in Greene County or purposes of this amendment, or regulations and all of the follow- or advertising of a bingo game in not advertise bingo except to the F the following words have the ing: which the nonprofit organization is extent and in the manner authorized following meanings: To find the constitutional (1) No person under the age of 19 not directly and solely operating the by rule of the sheriff. If the sheriff 1. Bingo. That specific kind of years shall be permitted to play any bingo game. allows a nonprofit organization to game commonly known as bingo in amendments dealing with game or games of bingo, nor shall (5) All equipment shall be advertise bingo, the nonprofit or- which prizes are awarded on the ba- bingo in 16 counties and two any person under the age of 19 years stamped or clearly marked in letters ganization shall indicate in the ad- sis of designated numbers or sym- cities in Alabama, visit be permitted to conduct or assist in no less than one-half inch in height vertisement the purposes for which bols on a card or electronic marking http://law.justia.com/alabama/ the operation of any game of bingo. and one-fourth inch in width (ex- the net proceeds will be used by the machine conforming to numbers or constitution/index.html (2) Bingo games shall be operated cept for the letter “I”) with the name nonprofit organization. (8) A nonprofit organization shall symbols selected at random. and search for the area plus exclusively on the premises owned of the nonprofit organization using the equipment. A nonprofit organi- display its bingo license conspicu- 2. Equipment. The receptacle and the phrase “bingo amendment” or leased by the nonprofit organiza- numbered objects drawn from it, the tion operating the bingo game. Such zation or other person or entity may ously at the location where the bin- (Ex.: Greene County bingo master board upon which such ob- location shall be specified in the ap- not use equipment marked with the go game is conducted. jects are placed as drawn, the cards amendment). plication of the nonprofit organiza- name of another nonprofit organiza- (9) The sheriff shall determine or sheets bearing numbers or other tion. tion. by regulation the days of operation designations to be covered and the (3) A nonprofit organization may (6) Prizes given by any nonprofit during any calendar week and the objects used to cover them or elec- not enter into any contract with any organization for the playing of bingo hours of operation. tronic card marking machines, and of having been classified as a tax ex- individual, firm, association, or cor- games shall not exceed ten thousand A violation of this amendment is dollars ($10,000) in cash or gifts of a Class A misdemeanor as specified the board or signs, however oper- empt nonprofit organization by the poration to have the individual or equivalent value during any bingo by general law. ated, used to announce or display Internal Revenue Service, United entity operate bingo games or con- session. the numbers or designations as they States Government. This term in- cessions on behalf of the nonprofit (7) A nonprofit organization may Source: www.justia.com are drawn. cludes a volunteer fire department organization. A nonprofit organiza- 3. Nonprofit organization. A and a volunteer rescue squad. tion may not pay consulting fees bona fide religious, educational, Bingo games for prizes or money to any individual or entity for any service, senior citizens’, fraternal, may be operated by a nonprofit or- services performed in relation to or veterans’ organization which op- ganization in Greene County. The the operation or conduct of a bingo erates without profit to its members sheriff shall promulgate rules and game. and which either has been in exis- regulations for the licensing, permit- (4) A nonprofit organization may tence continuously as such an orga- ting, and operation of bingo games not lend its name or allow its iden- nization for a period of three years within the county. The sheriff shall tity to be used by another person or or is exempt from taxation by virtue insure compliance with such rules entity in the operating, promoting, Page 4 / The Alabama Baptist / september 16, 2010

Connecting the dots Investigation of lawmakers’ links to gambling industry continues By Sondra Washington The Alabama Baptist ince it began six years ago, slot machine- style gambling has weaved a tangled Corruption hurts ‘democracy, security’ S web across Alabama, linking some of he FBI calls public corruption one of its “just about everywhere — at the federal, the state’s biggest power players with public T “top investigative priorities behind only state and local levels throughout the coun- officials at various levels of state government. terrorism, espionage and cyber crimes.” It try.” Most of these connections lie below the sur- believes public corruption impacts “our de- “I should point out the vast majority of face. But an ongoing FBI Mobile and Depart- mocracy and national security” and “takes our country’s public officials are honest ment of Justice investigation threatens to un- a significant toll on our pocketbooks … si- and work hard to improve the lives of the cover inappropriate relationships and public phoning off tax dollars.” American people,” he noted. “But a small corruption at the Alabama Statehouse. Special Agent Patrick Bohrer, assistant number make decisions for the wrong rea- Initially media reports linked the federal in- section chief of the public corruption/civil sons — usually to line their own pockets or vestigation to a March 30 Alabama Senate vote rights program at FBI headquarters in Wash- those of friends and family.” In the state to legalize and expand gambling. Supporters ington, said on the FBI website, “Corrupt Bohrer said the FBI has numerous ways of the bill did not have enough votes to pass it, but when three senators — Bobby Denton, public officials undermine our country’s na- to investigate allegations of corruption. Senate: tional security, our overall safety, the public “Our lawful use of sophisticated investi- Sen. Lowell Barron, D-Fyffe, has D-Muscle Shoals; Jim Preuitt, R-Talladega; and Larry Means, D-Attalla — changed their trust and confidence in the U.S. government, gative tools and methods — like undercov- been a loyal supporter of expanding votes, it passed. Lacking the necessary votes, wasting billions of dollars along the way. er operations, court-authorized electronic gambling and sponsored numerous the bill died in the House of Representatives This corruption can tarnish virtually every surveillance and informants — often gives bills toward that effort in past years. around the same time the investigation was aspect of society. For example, … corrupt us a front-row seat to witness the actual announced April 1. Soon a parade of Republi- state legislators could cast deciding votes exchange of bribe money or a backroom Sen. Zeb Little, D-Cullman, sup- can and Democrat legislators began testifying on a bill providing funding or other benefits handshake that seals an illegal deal … and ported the 2009 major “bingo” bill, before a grand jury about their involvement or to a company for the wrong reasons.” enough evidence to send the culprits to saying the state code “does not say experience with illegal gambling being called Bohrer added that corruption is found prison.” (TAB) no gambling; it says no lotteries.” electronic bingo. Although negotiations made and actions Sen. Myron Penn, D-Union taken during this year’s legislative session may While he is unsure if the FBI investigation would have ended a long time ago,” Beason Springs, sponsored a bill in 2008 have affected the case, at least one senator be- began after he spoke with the authorities or if it noted. that would have prevented electronic lieves the investigation is much broader than was already under way, he said, “They weren’t A source told The Alabama Baptist electron- gambling machines in Macon Coun- many think. necessarily surprised when I talked to them.” ic surveillance was involved in the FBI’s inves- ty from ever being confiscated or The FBI would not comment on the status tigations because they informed certain people declared illegal if it had passed. A wide net of the public corruption investigation, but Mo- that some of their conversations concerning “I think it’s a larger thing than just bingo this bile Media Coordinator Douglas Astralaga said gambling had been taped. The source also said Sen. Jim Preuitt, R-Talladega, year,” said Sen. Scott Beason, R-Gardendale. typically when the bureau investigates cases, letters are normally sent to people targeted in was one of three state senators to “This whole investigation has to do with how it turns them in to the U.S. attorney’s office, federal investigations but it is uncertain if any change his no vote to a yes vote on things are run overall. I think it’s a large wide- which determines whether to “further develop of the politicians or lobbyists interviewed by gambling in March (see story, this spread investigation. I don’t think it’s as point- cases through the FBI through subpoenas, the grand jury has admitted receiving any such page). Preuitt, who switched to the ed and focused as some people believe.” grand juries or whatever technique is neces- letter. Republican party in April, formally Beason thinks the investigation goes back to sary. (Then), if the case is indicted, it goes to withdrew from his reelection bid at least 2009, when he told “authorities” about court and follows the court’s deadlines.” As- Subpoenas issued Sept. 1. an inappropriate conversation he had with a tralaga added that the time frame “fluctuates Investigators may have collected further lobbyist. depending on the complexity of the case and evidence for the case. In July, The Birming- “Some other things happened,” Beason add- attorney and court schedules.” ham News reported that “federal prosecutors Sen. Quinton Ross, D-Mont- ed. “All of it together made me uneasy about Nevertheless Beason said he believes indict- gomery, sponsored legislation in probing gambling legislation have subpoenaed what might be going on. That’s when I talked ments will be handed down in this case. the state pay stubs for nearly one-fourth of the 2009 that called for a constitutional to the authorities.” “If there was nothing there, the investigation amendment establishing a “bingo Alabama Legislature, Attorney General Troy monopoly” and iron-clad electronic King and other public officials.” The story stat- gambling operations in eight coun- ed, “The public officials for whom prosecutors ties and one town around the state. have sought pay records are not necessarily Bedford sponsors this year’s ‘bingo’ bill targets of the criminal investigation; some are en. Roger Bedford, D-Rus- counterparts from North Ala- known to be cooperating with investigators, Sen. Hank Sanders, D-Selma, S sellville, typically stayed in bama in the House — Marcel and several already have appeared before a sponsored a bill in 2009 proposing the background when it came to Black and Johnny Mack Mor- grand jury.” a compact between the State of Ala- legislative attempts to expand row — in an endorsement of The Justice Department would not confirm bama and the Poarch Creek Indians. gambling. That is until 2010. gambling legislation by sponsor- or deny any information about the investigation, “I felt like it was time to end ing Senate Bill 380. including whether it is still pursuing the case. Sen. Bobby Singleton, D-Greens- this controversy,” he said, refer- This bill sought to do several If any Alabama officials are indicted in this boro, sponsored bills in 2008 and ring to the constant debate over things including change the defi- case, then they could face serious charges in- 2009 to specifically expand gambling bedford gambling in Alabama. nition of bingo to include games cluding bribery, extortion, embezzlement, in Greene County. Bedford decided to join his played on slot machines. (TAB) racketeering, kickbacks and money laundering, according to the FBI’s website. september 16, 2010 / The Alabama Baptist / Page 5

Comments from various Alabama legislators after the federal investigation began Sen. Tom Butler, D-Madison (in April), voted no on the bingo t (the investigation) seems to bill that passed the Senate on I be focused on the lobbying ef- March 30.” fort more than the legislative per- Source: The Birmingham News spective. Did any lobbyists make any inappropriate offers? Obvi- Sen. Trip Pittman, R-Daphne ously, my vote was no and stayed here were some political no from day-one.” T offers that were made that Source: The Huntsville Times there could possibly be a revenue stream provided to help with the Rep. Mac Gipson, R-Prattville coastal insurance problem (in ipson said he did not know Mobile County) if I supported the G anything firsthand. He has bill.” When Pittman was asked not been offered anything and has who made that offer to him, he not seen anything inappropriate. said, “They were other legisla- He said he did not know why he tors. I’m opposed to bingo, so I was included in the investigation. told them I wasn’t willing to ne- “I have been a no vote on that gotiate.” After speaking to the particular issue from the get-go grand jury, he said, “They are try- because I didn’t like the legisla- ing to determine if anything im- tion. It wasn’t a good straight up proper happened in terms of what Photo by Jennifer Davis Rash or down vote.” people may have been offered for seeking support — Rep. Marcel Black, D-Tuscumbia, addresses the House Tourism and Travel Commit- Source: Montgomery Advertiser their vote.” tee and others about this year’s main ‘bingo’ bill Jan. 20 in the House chamber. Black sponsored the bill which Source: Montgomery Advertiser video sought to ‘retroactively and prospectively’ exempt gambling operations statewide from ‘liability for state and Rep. Steve French, local sales taxes.’ Black has sponsored several gambling-related bills during his years in the Legislature. R-Birmingham Sen. Ben Brooks, R-Mobile rior to the gambling vote, cer- hey want to know what P tain offers were made to me T went on behind the scenes that I thought were inappropriate. and I’m going to tell them. … I called the authorities and shared I heard a few things that con- House members reverse trend, this information. An investigation cerned me and I’m going to tell has clearly resulted and I continue the jury.” According to the AP to freely cooperate with authori- News, Brooks said “he told the push Senate to take lead this year ties and share any information I grand jurors he felt intimidated have.” by a full-page negative ad aimed he House of Representatives it out of committee without seeing fighting for legalized gambling in Source: The Birmingham News at him that was run by bingo bill T typically spends very little time the final version, noting they would their areas. supporters in the Mobile Press- debating the “blessed” gambling hammer out the Rep. Pebblin Rep. Barry Mask, R-Wetumpka Register before the vote in the bill for the year. details in de- Warren, D-Tuskeg- ’m just sad for Alabama. … I Senate.” He said, “I told them But then when those bills don’t bate. ee Institute, asked I believe the people deserve bet- nobody offered anything for my pass the Senate, it is the House mem- The bill would that legislators and ter.” vote, but I took that ad as an at- bers who take the heat from constitu- have legalized Anti-gambling others not in coun- “I think there has been a lot tempt to scare me.” ents. slot machines at ties with casino of inappropriate things going on Source: Montgomery Advertiser So House members decided that VictoryLand in gambling options since the inception of this bill. video and AP News would not be the case during this Macon County, Sunday to let the ones “of It’s a sad day for Alabama. … I year’s session because 2010 is an Greenetrack in us who are” handle just didn’t go to (House Tourism Rep. David Grimes, election year. Greene County, is Sept. 19 this legislation. and Travel) committee meetings R-Montgomery They refused to vote on this year’s Country Cross- Black, the bill because it’s just become a rubber taped conversation between main bill — House Bill (HB) 507, ing in Houston sponsor, happened stamp for every gambling bill and A VictoryLand Owner Mil- sponsored by Rep. Marcel Black, D- County, the to be one of the leg- liquor bill. … It ought to be called ton McGregor and Lobbyist Bob Tuscumbia, and Rep. John Knight, Birmingham Race Course, the Mo- islators not in an area lobbying for Gambling and Liquor because Geddie was played before the D-Montgomery — until bile Greyhound Park, two gambling. that’s everything that’s in there. grand jury. According to The senators could come to locations in White Hall in Rep. James Thomas, D-Selma, So, there’s no need for me to go. Associated Press, McGregor and an agreement on their Lowndes County, one addi- said he was tired of people preach- I’ve been doing it for three and a Geddie discussed how Grimes’ bill. tional location in Jefferson ing to him. half years and just been beating vote seemed to be “wavering.” Rep. Johnny Mack County and two yet-to-be- “I’m not championing either side, my head. … I think there is go- Source: The Associated Press Morrow, D-Red Bay, announced locations in north but somebody’s got to do some- ing to be a ... cry next year to get chairs the House Tour- Alabama. thing,” he said. “Don’t preach to me. rid of this once and for all. (He Rep. Benjamin Lewis, R-Dothan ism and Travel Commit- The bill became a hotly I’ll take my chances before the al- expects indictments.) The state e said “someone communi- tee. He typically helps debated topic throughout mighty God.” deserves better.” H cated with him concerning gambling bills move out the legislative session but Thomas has fought for and pro- Source: Montgomery Advertiser video legislation to authorize and regu- of committee smoothly did not have enough votes tected the White Hall electronic late bingo in a way he felt was and easily “because this Morrow to pass the House, so Black gambling facility for several years. Sen. Paul Sanford, R-Huntsville inappropriate. He said, “I felt I issue is too important for chose to pull the bill instead Rep. A.J. McCampbell, D-Linden, e told The Birmingham had a duty to report it (to federal 15 people to decide.” of letting a vote take place. said, “It’s gambling and it’s paying. H News that he wore an elec- authorities).” But this year he held the vote un- During the session, representa- ... I’ll fight you for it.” tronic monitoring device, or Source: The Associated Press til the companion bill — Senate Bill tives from the areas impacted by the McCampbell represents Greene “wire,” during this year’s legis- (SB) 380, sponsored by Sen. Roger bill fought and promised to continue County, where Greenetrack is. (TAB) lative session to help the inves- Sen. Charles Bishop, R-Jasper Bedford, D-Russellville — passed. tigation. Sanford said, “(Coun- got left out of the loop so I And so Bedford got to work. try Crossing Lobbyist Jarrod) I didn’t get bribed. I don’t really The first attempt failed, but after a Massey offered him $250,000 know anything. They didn’t talk revision, it passed without even be- in contributions last year if he to me prior. I don’t know if I’m ing read by everyone who voted. agreed to support bingo legisla- here to talk about the bingo bill Sen. Bobby Singleton, D-Greens- tion. He said he turned down the in the Senate or the problems we boro, chairman of the Senate Tour- offer. Sanford, who contacted had in Walker County.” ism and Marketing Committee, said federal investigators a week ago Source: Montgomery Advertiser video he wanted this bill passed quickly. He and others were willing to pass september 23, 2010 / The Alabama Baptist / Page 5

Confusing the issue Proponents assure cities ‘bingo’ is legal, push for ordinances By Sondra Washington The Alabama Baptist ho brings “bingo” to town? While legislators battled for W years over gambling bills, slot machine-style gambling flourished in some Alabama cities. Even when Gov. Bob Riley established his Task Force on Illegal Gam- bling in late 2008 and then fought Attorney General Troy King for control of it, gambling businesses continued to pop up across the state. In many cases, lawyers and gambling Some local leaders machine owners approached city council members promising revenue as the cure for the cities’ financial woes. After all, these caught in the web municipalities are located in counties that Larry Langford have constitutional amendments allowing Former mayor of Birmingham who established local charities to operate bingo. allegedly received substantial payouts The fact that organizations from other areas from “electronic bingo” machines at — often newly formed “charities” already VictoryLand and Greenetrack. On involved in gambling elsewhere — were the March 5, Langford was sentenced to ones approaching council members about serve 15 years in federal prison after gambling should have served as a deter- Photo by Jennifer Davis Rash being convicted Oct. 28, 2009, on 60 rent. But city officials were assured that the TALKING ‘BINGO’ — Birmingham-area attorney Kim Davidson (left) shares infor- counts of bibery, fraud, conspiracy, machines were legal despite warnings from mation about businesses seeking electronic bingo gambling permits during the money laundering and filing false tax the task force, sheriffs and district attorneys Jan. 28 Bessemer City Council bingo committee meeting. Mayor Edward May returns. In a federal lawsuit filed Feb. who said so-called electronic bingo gam- (right) sits in to share his stance against issuing the permits. 16, 2010, against VictoryLand owner bling was nothing more than altered slot ma- Milton McGregor, one of the accusa- chines used to operate for-profit businesses. so-called bingo lawyers, promoting gam- halls like in Walker County. He (Amari) said tions is that VictoryLand bribed Lang- Most of the constitutional amendments pro- bling businesses and claiming to have ex- that might be obtainable.” ford with winnings totaling more than hibit any entity, including the host city, from pertise in the state’s gambling laws. Ashville partnered with Shooting Star En- $1.6 million. profiting from the game. District Judge John Amari — then a tertainment Group LLC to set up more than Still several municipalities opened the Birmingham-area attorney — approached 200 machines in a temporary facility while a Joe Turnham door to “bingo.” both cash-strapped cities, saying “electron- major hotel/casino was being planned right Alabama Democratic Party chair- ic bingo” could be played legally. Amari off I-59. But the temporary facility, as well man who wrote an editorial published ‘Bingo’ experts surface confirmed he has a relative in the machine as the future plans, shut down in about two by the Opelika-Auburn News declar- Last September, Scott Rogers, director manufacturing business but said he was not weeks due to ongoing legal issues and de- ing his support for a public vote on the of Hoover-based Community Network As- personally involved. bates. bingo issue. sociation, approached the town of Kimberly Tarrant Mayor Loxcil Tuck said after Am- Amari also approached the town of Argo, about offering “electronic bingo.” He even ari introduced the idea to her in early 2009, located less than 20 miles from Ashville, in David Warren hand-delivered his suggested list of new city Attorney Benjamin Goldman was asked late 2008 about allowing a large gambling Macon County sheriff for the past bingo regulations to the Town Council. to draft an “electronic bingo” ordinance. facility. But when Mayor Paul Jennings and 15 years. He is a defendant in a fed- According to Mayor Craig Harris, Rogers City Council members passed the ordinance the Town Council began working on a con- eral lawsuit alleging conspiracy, rack- presented himself as an expert in the “bingo in September 2009, and Tuck was autho- tract for an “electronic bingo” facility, it was eteering and corruption in the way business,” telling council members his orga- rized to issue an electronic bingo license to with John McLeod, a Mississippi business- “electronic bingo” operations have nization had opened gambling halls in Fair- Community Network Association. man many said had a sordid past and was been handled in Macon County. field and Walker County. A “bingo” facility did open in Tarrant but associated with gambling in Walker County. Rogers told The Alabama Baptist that he only operated a few weeks before being shut But before negotiations could be completed, John Bolton and Mark White also operated a 24-hour gambling facility down by local authorities. McLeod landed in prison in his home state on VictoryLand attorneys continue in Center Point and while his organization drug charges. fighting for VictoryLand owner Mil- had filed bingo permit applications in two or Same people popping up McLeod was also one of three gambling ton McGregor’s right to operate “elec- three cities, it hoped to open only one gam- Ashville Mayor Robert McKay told The industry representatives who approached An- tronic bingo.” bling hall in Kimberly. Alabama Baptist that “groups of people” dalusia about opening a facility there. The Plans to open a gambling facility ended approached him about gambling four or County Commission was interested, but noth- James Blacksher, Edward Still and after Jefferson County District Attorney five years ago but it was in early November ing ever happened there. Fred Gray Brandon Falls attended a Kimberly coun- 2008 that Amari approached him and “asked The town’s plans were also slowed by the Attorneys representing Greene and cil meeting and told the councilors it would how the bingo was going. … He said we … Supreme Court issuing a ruling containing Macon counties in a class-action law- violate the state constitution. According would be legally able to play (electronic the six characteristics of legal bingo, which suit against Gov. Bob Riley and task to Harris, it was then that the council took bingo).” the type of gambling planned for Argo did force commander John Tyson for alleg- the matter “off the table” and sought other McKay added, “I said the only way I not fit. edly violating the Voting Rights Act. methods to raise revenue for the town. would consider it is that it would be limited But it would take more than that to make Tarrant and Ashville were approached by and the streets wouldn’t be lined with bingo (See ‘Cities,’ page 6) Page 6 / The Alabama Baptist / september 23, 2010 Gambling in Alabama Houston Co. leaders caught up in ‘bingo’ saga By Sondra Washington rules “more stringent” — as many The Alabama Baptist other county and city officials have onths before Country done — former Rep. Riley Seiben- Crossing’s casino opened hener, who voted to pass the county’s M in Dothan in late 2009, charity bingo enabling legislation in Houston County commissioners 1995, disagreed. and the casino’s developer, Ron- “I’ve always been opposed to gam- nie Gilley, boasted of having proof bling, and I didn’t like the sneaky that their gambling plans were le- way they did it,” Seibenhener said gal. Unknown to most Alabamians, at the time. “Chairman Mark Culver the group had received approvals and the County Commission misled from at least two of the state’s high- the public by saying they were doing est ranking officials — Attorney this to regulate bingo, and the real General Troy King and his former purpose was for economic develop- assistant Ken Steely. But from the ment. If they wanted to regulate bin- time the development of Country go, they did not have to open it up 24 Crossing was announced until its hours a day, seven days a week.” voluntary closing in January 2010, Previously bingo in Houston many other elected officials would County was limited to weekly five- be linked to gambling operations at hour sessions of charity games using the entertainment complex. paper cards. News had not yet surfaced regard- Opening the door ing King’s and Steely’s approvals al- It all began Feb. 25, 2008, when lowing the commission’s new plans Photo courtesy of the Dothan Eagle Houston County commissioners sur- for the county. But 10 days before the open-and-shut case — Houston County’s Country Crossing opened in December for just a few prised their constituents by quickly commission’s “bingo” vote, Steely weeks before closing down to avoid a raid by the Governor’s Task Force on Illegal Gambling. passing an “electronic bingo” ordi- gave Commissioner Gary Sherer a nance allowing slot machine-style “legal opinion” concerning the com- tion or implementation of a ‘special opinion was issued, he attended a sic and Arts Festival] in Enterprise gambling. While some county resi- mission’s plans to develop rules to permit,’ the Houston County Com- party at Gilley’s home. The invita- by Ronnie Gilley and 29 mayors in dents were still reeling from that ac- license and operate “electronic or mission’s constitutional authority tion read, “Come dressed for fun and my district,” Smith told The Ala- tion, the commissioners also signed media bingo games.” Steely had re- to provide rules and regulations for join Attorney General Troy King for bama Baptist in March. a contract with Gilley to build a 400- cently left his position as primary as- bingo games, the evolution of bingo a bash you’ll never forget!” Smith said she did not have a acre country music entertainment sistant attorney general to King. games to include media or electronic Around this time, Sen. Harri Anne problem accepting Gilley’s fundrais- center using revenue from a slot ma- In his five-page letter, Steely re- bingo games and the Legislature’s Smith, now an Independent after she ing help at that time, but allegations chine facility being called an elec- ferred to King’s 2004 findings that silence regarding special permits and did not receive the Republican Par- surfaced that she was changing her tronic bingo hall that was proposed gambling could be operated on slot their acknowledgement of the Hous- ty’s support for re-election, said she position from anti-gambling to pro- for the development. machine-style devices in Alabama. ton County Commission’s authority, was concerned about the gambling gambling. During that meeting, the commis- Steely also referenced a court opinion all combine to provide the Houston facility planned for the Houston sioners were questioned about their allowing “media bingo” in Jefferson County Commission the author- County entertainment center. Celebrity effect actions and asked to table their votes County and a 2003 official opinion ity to create rules and regulations “People contacted me both pro “The accusation that the fund-rais- but they did not. Chairman Mark issued from King to Sen. Jabo Wag- for a ‘special permit’ which would and con,” she told The Alabama er would in some way influence or Culver later said waiting would not goner, R-Birmingham, authorizing regulate media or electronic bingo,” Baptist in February. “I didn’t think change my opinion on how I would have changed the commission’s vote bingo games on “paper cards, laptop Steely wrote. the issue was clear if Houston Coun- vote on this issue is just untrue,” in the end. Although Culver and his computers or video consoles.” With this “official opinion” in ty could offer this kind of bingo. I Smith said. “I have been consistent colleagues insisted their plans were “The lack of a specific rule or reg- hand, construction began on Coun- was concerned for my area because in my position for several years now to make the county’s charity bingo ulation providing for the determina- try Crossing and continued over the there was a lot of confusion. People for allowing the people to vote.” next year despite a battle of words wanted answers. The only thing I One month after Smith’s event brewing between the county’s of- knew to do was to go to the governor and one year after King’s second ficials and residents positioned on (Bob Riley) and clarify.” Houston County opinion, King re- both sides of the issue. She continued, “I went along with ceived more help from the Country Cities struggle In September 2008, King gave the [others] … (Rep.) Benjamin Lewis Crossing family. Country music commission an even stronger en- was there … along with business celebrity Randy Owen, who owns with gambling question dorsement for its gambling strategy leaders from the area who were op- a venue at Country Crossing and (continued from page 5) When Davidson filed a lawsuit in two official opinions. One issued posed to the bingo. … He (Riley) told campaigned extensively with Gilley places like Bessemer change their in circuit court to invalidate one of in April 2008 stated that the sheriff us I needed to do a local bill and sent for the development, honored King with a January 2010 fund-raiser in plans. May’s vetoes and direct him to is- is “required to issue” electronic bin- our group to the attorney general to go permits after deeming applicants see if he could do anything. We left Birmingham. When Mayor Edward May re- sue bingo permits, he said her ac- qualified. The other issued in Sep- the governor and walked over to the Country Crossing held its grand peatedly vetoed the City Council’s tions were not authorized by the tember explained that Gilley could attorney general’s office. I showed opening Dec. 1, 2009. But Riley’s “electronic bingo” ordinances, full council. be compensated using revenue from him a copy of the local constitution- Task Force on Illegal Gambling council members hired attorney “They (the council’s bingo com- Country Crossing’s charity bingo al amendment. … His advice was to quickly swooped in to shut the busi- Kim Davidson to help achieve the mittee) are acting off the advice of games. clarify it with legislation and allow ness down. goal of legalizing and expanding a lawyer (Davidson) who is a pro- the people to vote. … So, for two Eventually the development vol- gambling operations. ponent of electronic bingo who ‘Special permits’ years, that has been my position.” untarily shut down the entire $87 Davidson told the council she was not present during the time of “The club may pay compensation During the 2009 legislative ses- million project Jan. 5 to avoid a task was “well-versed in bingo” and the veto,” May told The Alabama to a developer or its affiliates under a sion, Smith and Lewis sponsored force raid, which reportedly could had been involved with gambling Baptist. “I think her opinion is development and license agreement companion bills to limit bingo in have resulted in the confiscation litigation representing a Mobile- flawed and compromised because and trademark license agreement … Houston County to paper games. of more than 1,700 gambling ma- based charity suing the city of I think she is working for other in the form of a percentage of bingo Two weeks later, Smith withdrew her chines. Birmingham to operate a gam- operators of bingo. She is doing revenue,” King stated in his opinion. bill, saying she could not get support For months, the commissioners bling facility there. what a lawyer is not supposed “A ‘special permit’ holder is only for it in the House from other legisla- and the Houston Economic Develop- Davidson often advised Besse- to do. … I think she is giving an required to comply with the rules tors in her area. ment Association, which was set up mer’s council on how to accom- opinion that will generate work and regulations for the operation of Then, in December 2009, Smith to receive charitable donations from plish its goal while also repre- and income for her.” charitable bingo in Houston County allowed Gilley to host a $217,000 Country Crossing, were at odds over senting organizations hoping to Many other Alabama towns and (the constitutional amendment) in campaign fund-raiser for her. Smith whether the county should repay a operate casinos in the city. At the cities are believed to have entered regards to operating bingo games said the money was not presented to portion of the $1.6 million the enter- same time, she met with state leg- the gambling arena following under that special permit.” her but used to pay for food, rentals, tainment complex paid to operate in islators on behalf of both parties, similar paths. Houston County’s constitutional advertising, country music star ap- 2010. hoping to get a statewide amend- Often the parties involved keep amendment allowing bingo spe- pearances and other expenses asso- In July, the commissioners en- ment passed to protect and legal- their names and plans out of the cifically prohibits this (see Houston ciated with the event. tered into a court-ordered agreement ize slot-machine type gambling. public view. County amendment, page 7). “A fund-raiser was held for me at to refund nearly $900,000 to the or- Three months before King’s initial the [Verizon Wireless BamaJam Mu- ganization. september 23, 2010 / The Alabama Baptist / Page 7 Gambling in Alabama Ronnie Gilley: Luther ‘Nat’ Winn: Milton McGregor: Houston County’s Greene County’s VictoryLand, Country Crossing Greenetrack Birmingham Race Course onnie Gilley, a native of Enterprise and lifelong uther “Nat” Winn did not always own Greenetrack Hartford native, Milton McGregor is the owner of R Republican who voted for Gov. Bob Riley in the L in Eutaw. A the Birmingham Race Course and VictoryLand in last two gubernatorial elections, is the developer of the Paul W. Bryant Jr. was one of the founders and the ma- Shorter. 400-acre country music entertainment hall Country jority share holder of the then-live greyhound racetrack McGregor, who lives in Montgomery with his wife, Crossing in Dothan. that opened in 1978. But once Greenetrack got in trouble Patricia, is known as Alabama’s gambling guru. He Gilley originally wanted to build his business in his with animal rights groups in the late 1990s and became opened VictoryLand in 1984. It began as a racetrack hometown, located in Coffee. He went with Houston known as a “killing fields” track, Bryant wanted out and but added electronic gambling in County because Coffee County would not give him a so he divided ownership of Greenetrack between the 171 2004. liquor license and Houston County had a bingo amend- employees and the government of Greene County. Winn McGregor, who is a successful ment. was one of the employees who got a share. Bryant then entreprenuer and businessman, Gilley was able to draw in stars moved his money to a Texas track. studied business while a student like Randy Owen, George Jones In 1999, Winn bought Greenetrack and became its at Troy University. He later served and Darryl Worley to help throw CEO and president. By 2003 he had incorporated bingo in the U.S. Army in the 1950s dur- their weight behind slot machine- into his establishment and between 2004 and 2008 was ing the Berlin Crisis. He then came style gambling, one of Country operating slot machine-style gambling. back to Alabama to work as a ci- Crossing’s features. Winn, who grew up in Greene County, has recently vilian at Fort Rucker but left that One way he tried to use the influ- had some run-ins with the law while trying to keep Gov. job in 1981 to begin a career in the ence of several country music stars Bob Riley’s Task Force on Illegal Gambling from raiding amusement industry when video McGregor was by bringing them to legislative Greenetrack. games were becoming popular. public hearings to influence law- On July 1, Winn was arrested twice. The first arrest What many people may not know is that McGregor makers to pass a bill legalizing and came on charges of obstruction of government opera- was among a group of American businessmen belong- expanding so-called bingo gam- gilley tions. He and 16 others, including Sen. Bobby Singleton, ing to Global Trust Partners, which financed in 2005 bling in Alabama. D-Greensboro, were arrested. The second arrest was on the All Russian Electronic Lottery System — a $300 Gilley said he did not really care one way or the other a misdemeanor charge of reckless million venture. Around that time, he and two others about “electronic bingo” but it was the way to fund his endangerment for striking a state traveled to Moscow to accept medals of honor for their vision quickly. However, when asked if money from trooper in the arm and shoulder efforts to promote economic development between another source were available for his project would he with the mirror of his truck. The Russia and the United States, Mobile’s Press-Register give up on the “bingo” idea, he would not answer. charges were thrown out, dismissed reported. Also during the 2009 legislative session, Billy Gra- respectively. Winn helped stage sev- “It’s been a long time since I’ve been any more excit- ham (not the evangelist), vice president of Gilley’s eral protests against the task force ed about a business project,” he told the Press-Register business, Ronnie Gilley Properties, LLC, founded En- this year but also had help from about the lottery system. terprise-based Sweet Home Alabama Coalition, which then-Greene County Sheriff Ison Recently the Press-Register reported that McGregor sponsored commercials across the state calling for taxa- Thomas. sits on the board of directors of the bank that lent tion of the so-called electronic bingo gambling indus- Thomas, who died in April, made $500,000 to gubernatorial candidate Ron Sparks for try. The group supported legislation that attempted to headlines in February when he his campaign. He also is a personal campaign donor of redefine and expand gambling in Alabama. Gilley told vowed to stop the task force if it winn Sparks. The Alabama Baptist that he is a member of the coali- came to raid Greenetrack. He later McGregor has given large sums of money to PACs tion. sent a letter to Attorney General Troy King informing that donated heavily to several campaigns around the In addition to the support of the country music stars, him of his reasons and concern. Before Thomas became state. He also employs several lobbyists to influence Gilley was given approval by Attorney General Troy sheriff in 2007, he had served as Greenetrack’s chief of legislators’ votes on gambling. King and his former assistant Kevin Steely, who also security and deputy sheriff. But what people probably most associate with encouraged the county commission’s adoption of the In June, Riley appointed George Cook as the new sheriff, McGregor is the 2009 slogan on his VictoryLand com- electronic bingo ordinance. which drew a protest by Greene County residents for his stand mercial, “Come on down and you can be a winner, too.” (TAB) against Greenetrack’s “electronic bingo” operation. (TAB) (TAB)

Amendment 569 ratified (1996) Relating to bingo games in Houston County (a) The operation of bingo games a. A fraternal, or benevolent, or any individual or entity for any ser- club, by whatever name or composi- for prizes or money by certain non- charitable organization which quali- vices performed relating to operating tion, shall take any expenses for op- profit organizations and certain pri- To find the constitutional fies as an exempt organization under or conducting any bingo game. erating a bingo game except as per- vate clubs for charitable, educational, Section 501(c) of the Internal Rev- (5) A nonprofit organization or mitted by law. amendments dealing with bingo or other lawful purposes shall be le- enue Code. club shall not lend its name or allow (b) The Legislature may, by local gal in Houston County, subject to any in 16 counties and two cities in b. A private club with annual mem- any other person or entity to use its legislation, provide for the imple- resolution or ordinance by the county Alabama, visit bership dues of three hundred dollars identity in operating or advertising mentation of this amendment, includ- commission as provided by law reg- http://law.justia.com/alabama/ ($300) or more. a bingo game in which the nonprofit ing, but not limited to, the imposition ulating the operation of bingo. The constitution/index.html (3) Bingo games shall be operated organization or club is not directly of criminal penalties for violations of county commission may promulgate and search for the area plus only on the premises owned or leased and solely operating the bingo game this amendment or the local legisla- rules and regulations for issuing per- the phrase “bingo amendment” by the nonprofit organization or club or concessions. tion. mits or licenses and for operating operating the bingo game. If the (6) Prizes given by any qualified (c) This amendment shall not be- bingo games within the county ju- (Ex.: Houston County bingo premises are leased, the rate or rental nonprofit organization or qualified come effective unless approved at risdiction. The county commission amendment). shall not be based on a percentage of private club for playing bingo games a referendum by a majority of the shall insure compliance pursuant to receipts or profits resulting from op- shall not exceed the cash amount or qualified electors of Houston County any ordinance and the following: erating the bingo games. gifts of equivalent value, set by the voting on the proposition. The refer- (1) No person under the age of 19 (4) No nonprofit organization or Legislature, during any bingo session. endum shall be held at the same time shall be permitted to play any game be issued to any nonprofit organiza- club shall enter into any contract with The Legislature shall set a maximum as the election for the ratification of or games of bingo, unless accom- tion or qualified private club, unless any individual, firm, association, or amount for any calendar week. this amendment, as provided for in panied by a parent or guardian. No the organization or club shall have corporation to have the individual or (7) One hundred percent of the net Section 2 of this act, and no further person under the age of 19 shall be been in existence for at least five entity operate bingo games or conces- revenues derived from operating bin- election shall be required. permitted to conduct or assist in the years and owned real property in the sions on behalf of the nonprofit orga- go games shall be designated and ex- (d) Act No. 93-333, H. 717 of the conduct of any game of bingo. county for five years immediately nization or club. No nonprofit orga- pended for charitable or educational 1993 Regular Session is repealed. (2) Except for special permit hold- prior to issuing the permit or license, nization or club may pay consulting purposes. ers, no bingo permit or license shall except the following: fees, any compensation or salary to (8) No person, or organization, or Source: www.justia.com Page 8 / The Alabama Baptist / september 23, 2010 Gambling in Alabama A case of pure justice? Some circuit judges seem to help gamblers, stand in task force’s way By Sondra Washington sued a temporary restraining order The Alabama Baptist barring the city from raiding the udges usually clarify murky facility. legal issues when two parties In June 2010, the News reported J cannot agree on an issue or that the Judicial Inquiry Com- punish criminals who are break- mission suspended King from the ing the law. But when it comes to bench after he reportedly set aside gambling cases in Alabama, some the rape conviction of a man he circuit judges have seemed to help represented while in private prac- gamblers stall law enforcement ac- tice. tions and continue This was not to operate illegal King’s first per- Las Vegas-style Arthur Green Jr. sonal brush with casinos without District attorney for the law. fear of raids. Bessemer Cut-off Division In 2007, the When the city of of Jefferson County. News reported he Bessemer and its Refused to shut down was charged with police department “56 counts of tax, illegal gambling operations began making a ethics and election stand against ille- in Bessemer until Task law violations.” gal gambling estab- Force Commander shut Within the year, lishments, several down gambling operations the charges were judges assigned to in Macon and Greene dismissed report- the area began re- County. Shareholder (25 edly because the sponding more to percent) of Northwest “courtroom where the needs of casino Alabama Treatment the grand jury was owners than to law Center, a medical facility meeting was not enforcement. specializing in methadone open to the pub- Photo by Jennifer Davis Rash In August 2009, maintenance treatment, lic.” your honor — St. Clair County Circuit Judge Charles E. Robinson talks with James Sampley, pastor of Bessemer police with Robert White. Soon Circuit FBC Ashville, during the March 17 hearing about the legality of electronic bingo gambling in the county. raided American Judge Eugene Ver- Legion Hall Post in began handling trolled the Governor’s Task Force against law enforcement attempt- spite several Alabama Supreme 22, which was gambling lawsuits on Illegal Gambling. ing to shut down illegal gambling Court orders overruling Hard- operating slot ma- Robert White in the Bessemer To this action, Judge King re- establishments, most stopped their away’s restraining orders against Owner of The Anchor chine-style gam- Cut-off Division of portedly said Verin, his “longtime efforts after the Task Force on Ille- the task force, he continued stand- bling devices even Club and American Legion Jefferson County, friend and colleague, apparently gal Gambling approached the state ing in the way of task force raids at though the city’s Hall Post 22 gambling but he also dragged succumbed to the political pressure Supreme Court. the casino. ordinance allows operations in Bessemer. his feet instead of ‘bingo’ brings.” At the time, King But in Greene County, Circuit In their order, the justices said, only paper games. Tried to influence city allowing law en- was in a re-election battle against Judge Eddie Hardaway Jr. had to “reassignment of this case to a dif- Yet The Bir- council members to forcement to shut Verin’s wife, who won the seat. eventually be removed from the ferent circuit court judge is also ad- mingham News re- legalize slot machine-style down establish- Although judges in other coun- case involving the task force and visable to preserve the appearance ported that District gambling called ments they be- ties also issued restraining orders Greenetrack casino in Eutaw. De- of justice.” Judge Eric Fancher electronic bingo. lieved were illegal. “issued a cease and Verin said he desist order (to the would issue a rul- police) after being contacted by at- ing when stating if the slot ma- Hints of ‘bingo’ remain in Walker County torneys for the hall’s operators.” chine-style gambling being con- By Sondra Washington they were violating it. But he took it “Tommy Sherer stood before us Later when officers returned to ducted in the Cut-off is legal. He The Alabama Baptist (the issue) to court, and that allowed (Rizzo’s group) at the Dora Com- the facility, the machines had been has yet to make that ruling. efore Circuit Judge Robert these people to be able to carry on munity Center, and he shed tears removed. In April, Verin also banned any Vance ended Walker County’s for more than two years.” and quoted Scripture saying he was Later when Bessemer police at- task force actions against gambling B growing gambling business August Rizzo was one of many county against it (gambling) and that he tempted to shut down The Anchor facilities in Fairfield while awaiting 2009, more than 30 metal buildings residents who united and formed would do what he could to stop it,” Club, another gambling operation the Alabama Supreme Court’s rul- popped up offering slot machine- groups to fight against gambling in Rizzo said. “Then, about six of us within the city owned by Robert ing on whether Gov. Bob Riley or the area. Still, he explained that they went down to Montgomery and con- White, Circuit Judge Dan King is- Attorney General Troy King con- style games. Around that time, similar gambling businesses were had to fight against the very legisla- fronted Tommy and asked if he was spreading across the state, but even tors elected to represent them to get going to introduce Sen. Bishop’s those fighting to expand gambling rid of illegal gambling. Two in par- bill. He said no because Ken Guin in their areas used Walker County ticular were Rep. Ken Guin, D-Car- was going to kill it. Ken Guin was Judges’ who’s who as an example of what they did not bon Hill, and Rep. Tommy Sherer, not going to stop it because Sen. P.B. McLauchlin Jr. Scott Vowell want to become. D-Jasper. Bishop filed ethics charges against Dale County judge involved Jefferson County circuit judge Bucky Rizzo, president of the Guin because Guin was represent- in Houston County’s Country who declared electronic bingo Walker County Political Account- A hard fight ing bingo clients (as an attorney), Crossing case. machines to be illegal slot ma- ability Coalition, said this prolif- Rizzo said Guin and Sherer were and it would be an ethics violation.” chines and ordered that ma- eration of gambling was fueled by offered a resolution explaining that Today Rizzo said there are still Allen Millican chines at an illegal slot machine county officials who did not do their bingo in Walker County is limited to three or four facilities in Walker Etowah County circuit judge manufacturing company in Kim- jobs. paper games. Although Sen. Charles County operating the same kind of who in May 2010, ruled against berly be destroyed. “I think the county commission Bishop, R-Jasper, sponsored it in games Vance shut down last August, a company that was planning to was the key,” said Rizzo, who also the Senate, the two representatives but county leaders are again turning open a casino with electronic Thomas Woodall hosts a radio show called “The Peo- would not sponsor it in the House. a “blind eye” to them. bingo machines in his jurisdic- State Supreme Court justice ple’s Viewpoint” on WIXI 1360AM tion. who issued a dissenting opinion in Jasper. “They could have stopped on gambling in St. Clair County. it day one, but they chose not to. Robert S. Vance Judge Vance made them get in- Jefferson County circuit judge Tom Young volved in the case and said they who ordered closing of casinos Circuit judge in Macon Coun- had the authority to stop it. … Then in Walker County in October ty who twice entered orders to the sheriff (John Mark Tirey) could 2009. stop raids on VictoryLand. have stopped it. The bingo folks were violating the law, and he knew october 7, 2010 / The Alabama Baptist / Page 5

Jefferson Co. ‘bingo’

not ruled by sheriff Photos by Jennifer Davis Rash Jefferson County Sheriff Mike Hale Alabama’s Supreme Court — The Alabama Supreme Court is made up of a chief justice and eight associate justices. Sue Bell Cobb learned Sept. 30 that he does not have currently serves as chief justice and by nature of her role, is the administrative head of the state’s judicial system. The associate justices overall regulatory authority for the are Michael F. Bolin, Champ Lyons Jr., Glenn Murdock, Tom Parker, Patricia M. Smith, Greg Shaw, Lyn Stuart and Thomas A. Woodall. on-again, off-again “electronic bingo” halls in the county. The Alabama Supreme Court struck down his authority in an unanimous opinion. While the court did not deal Awaiting the final decision with the ongoing debate over what constitutes legal bingo, it said the 1980 constitutional amendment allowing Supreme Court rules on ‘bingo’ cases but still silent on existing machines bingo in Jefferson County gives regula- By Sondra Washington bingo” played on “a card or paper sheet” or mander. It focused its attention on White Hall tory authority to the governing body of The Alabama Baptist the County Commission’s new bingo regu- Entertainment Center in Lowndes County the town where the games are located. hen the state’s gambling battle lations allowing so-called “electronic bingo and raided the facility March 19, 2009. A Hale had set rules for bingo opera- began, few cases escalated to machines” passed in July 2008. When a cir- legal battle ensued and eventually found its tions, including limited hours and days W Alabama’s Supreme Court. But cuit court refused its request, the association way to the Supreme Court. In their November of operations. He had the support of as gambling supporters and opponents be- appealed to the state’s highest court. 2009 ruling, the justices defined legal bingo District Attorney Brandon Falls, who gan taking their differences to local circuit but again did not add an opinion specific to has consistently stated his opposition to courts, many wanted higher-level opinions ‘No jurisdiction’ the machines in question (see story, page 6). the slot machine-type machines being to resolve their legal issues. Still the high It took a year for the justices to respond to This year, the Supreme Court has contin- labeled bingo. court remained relatively quiet on matters Etowah Association, but in March 2010, they ued to side with the task force in cases from The lawsuit originated with bingo related to slot machine-style gambling un- dismissed the appeal because the “circuit several counties, which many believe proves hall operators and supporters who til Gov. Bob Riley’s Task Force on Illegal court had no jurisdiction over the declaratory that Riley’s position on gambling aligns with claimed it was unconstitutional for the Gambling joined the fight. judgment action.” With this ruling, they were the state’s constitution. sheriff to have regulatory power. In September 2008, Etowah Baptist Asso- not required to state whether they believed The high court ruled in favor of the task ciation attempted to intervene in a declara- the types of machines being used in Alabama force when Houston County commission- Correction on Part 4 tory judgment case to determine which law were legal. ers and business owners received an early the Etowah County sheriff should enforce: Earlier, in December 2008, Riley created morning restraining order Jan. 6 from Circuit the constitutional amendment limiting gam- the task force and named former Jefferson Judge P.B. McLauchlin (a judge for Dale and of gambling series bling to “that game commonly known as County District Attorney David Barber com- Geneva counties) protecting Country Cross- In “Gambling in Alabama, part 4” in ing near Dothan from a raid. Riley’s office the Sept. 23 issue, state Supreme Court said no task force lawyers were present when Justice Thomas A. Woodall was listed McLauchlin’s order was issued to the casino’s as issuing a dissenting opinion on gam- supporters in the “middle of the night.” The bling in St. Clair County, but the wrong justices overruled McLauchlin’s actions. county was published. It should have In their ruling, they again said, “The trial been Macon County. court lacks subject-matter jurisdiction to in- Woodall, along with Chief Justice terfere with a criminal proceeding (task force Sue Bell Cobb, issued a dissenting raid) by civil action (restraining order).” opinion in the Tyson v. Macon Coun- Riley’s office called the ruling a “major vic- ty (appeal) case that involved Macon tory for the rule of law in Alabama” and said, County’s VictoryLand. “The Supreme Court’s order makes clear that The case involved a jurisdictional is- gambling bosses around the state will not be sue and did not address the legality of able to prevent the state’s anti-gambling laws the gambling operation. from being enforced.” (See ‘High,’ page 6) Page 6 / The Alabama Baptist / october 7, 2010 Gambling in Alabama Judicial review Riley cleared, Some of the major court cases dealing with ‘bingo’ in the past 2 years not the leak shut down Jan. 29 to avoid a task Walker County chran, Louise Alexander, Dorothy ov. Bob Riley has been Circuit court cases: cleared of accusations Macon County force raid. Soon Houston Economic 4On Oct. 26, Circuit Judge Davidson and Jesse Matthews) for G Development Association, the char- Robert Vance ruled the county’s violating Alabama’s Open Meetings that he or one of his staff 4Circuit Judge Tom Young members influenced the state has issued several restraining or- ity responsible for the slot machine- so-called electronic bingo halls il- Act by making gambling plans for style gambling portion of the devel- legal and ordered them to close their the city in private meetings, among Supreme Court in a case be- ders against the Governor’s Task tween John Tyson, command- Force on Illegal Gambling to pro- opment, requested the County Com- doors. other complaints. Judge N. Daniel mission repay a portion of the $1.6 er of the Governor’s Task tect VictoryLand in Shorter from Rogers is presiding over the active million it paid to operate in 2010. Force on Illegal Gambling, raids. After task force Commander St. Clair County case, but no hearings have been set A court case ensued and the judge and E. Paul Jones, district at- John Tyson repeatedly went to the 4Circuit Judge Charles E. Robin- to resolve it. ruled that the county must repay a torney of Macon County, and Alabama Supreme Court to have the son ruled March 30, 2009, that “elec- portion of the money. tronic bingo” machines planned for Lowndes County others representing Victory- restraining orders overruled, Young Land in Shorter. issued more orders. On Sept. 3, the a gambling facility in Ashville were 4David Barber, former task force Jefferson County legal. The Alabama Supreme Court commander, requested that former This acquittal came in a Supreme Court refused to rehear the 4Seventeen groups known as Sept. 27 report from former case in which it reversed the most overturned the ruling Jan. 29, 2010. Supreme Court Justice Mark Ken- charities sued the nedy, who was appointed to the case Justice J. Gorman Houston recent restraining county, District At- Jr., who was asked by the order. Bessemer Cut-Off District involving White Hall’s “electronic torney Brandon 4On March 10, 2008, Circuit bingo” facility in Lowndes County, Supreme Court to investigate Falls, Sheriff Mike two accusations regarding this Greene County Judge Eugene Verin ruled electronic should recuse himself because of a Hale and Attorney machines in Bessemer were illegal conflict of interest. Jeff Emerson, case. 4Circuit Judge General Troy King Eddie Hardaway because they were “illegal slot ma- Riley’s communications director, Didn’t impose after Falls ordered chines as defined by the laws of this said in a press release, “The judge issued several re- One of the accusations was the charities’ “elec- state.” has an obvious conflict of interest. straining orders that “the executive depart- tronic bingo” facili- 4In an April 12, 2010, ruling, He has a business relationship with against the task ment imposed its will upon ties to close or face Verin said his court had subject mat- a casino and should never have is- force to prevent it the judicial department” by law enforcement acter jurisdiction to enjoin Jefferson sued any kind of ruling in this gam- from raiding Green- tions. Circuit Judge asking the case be given from County Sheriff Mike Hale, Gov. Ri- bling case. We have asked the Su- etrack in Eutaw in Caryl Privett refused one justice to another and for ley and the task force from “conduct- preme Court to recognize that and late June. The state to hear arguments on a time when the ruling would ing any ‘raids’ within the Bessemer we’re confident they will.” Kennedy Supreme Court that subject after the be released. Division of Jefferson County” until overruled each re- Alabama Supreme was removed by the chief justice “After more than 100 hours the state Supreme Court decided straining order and eventually re- Court issued its six-point test for le- and the case was reassigned. spent investigating this as who should be in charge of the task moved Hardaway from the case. gal bingo Nov. 13. According to The thoroughly as I could, I found force. Verin’s ruling was handed Birmingham News, attorney Erskine no evidence that this oc- down after several Supreme Court Federal court cases: Etowah County Mathis, one of the lawyers represent- curred,” Houston wrote in his rulings stated that circuit courts have Macon and Greene counties 4When Etowah Baptist Associa- ing the charities, said none of his report. no jurisdiction in law enforcement 4Thirty-one residents from Ma- tion attempted to join a case between clients met the criteria established in In regard to the second ac- efforts. The Supreme Court did rule con and Greene counties filed a District Attorney Jimmie Harp and the Supreme Court’s decision. cusation that someone at the May 21 that Riley was in control of federal class action lawsuit July 29 prospective developer CBS Supply, 4On Nov. 17, Privett ruled that high court had leaked infor- the task force, not King. against Riley and Tyson, both indi- Circuit Judge Allen Millican refused the “electronic bingo” permit issued mation on this particular case 4 vidually and in their official capaci- to let it. The association appealed to Mobile-based charity House of Represented by Birmingham while it was still pending, to the state Supreme Court, but the Joshua Christian Center by the city attorney Kim Davidson, Bessemer ties, citing voting rights violations. Houston said he was “reason- court threw the case out March 15 of Birmingham was invalid after the City Council members filed a law- The case is ongoing. ably convinced that confiden- since circuit courts have no jurisdic- city revoked its “electronic bingo” suit against Mayor Ed May and tial information … was leaked tion in criminal cases. ordinance. The group, which was Acting City Clerk Travis Brooks in Macon County to the public.” But he could 4 represented by Birmingham attor- February 2010 to dispute the timeli- Hope for Families and Com- not determine the source of Houston County ney Kim Davidson, sued the city, ness of one of May’s vetoes. Four of munity Services and other nonprofit the leak and said he most like- 4In January, Circuit Judge P.B. Hale and Falls. Joe Basgier, former the seven council members passed organizations planning to open ly would not be able to even if McLauchlin, a judge for Dale and assistant district attorney who repre- several “electronic bingo” ordinanc- a gambling facility called Lucky he extended the investigation. Geneva counties, issued a late-night sented Falls in the case, said, “These es and May vetoed them all. The Palace in the county filed a law- “Justice Houston’s conclu- restraining order against the task people are desperate to protect an plaintiffs later said they dropped the suit accusing Sheriff David War- sion that there is no evidence force to protect Houston County’s opportunity to make money.” After case. ren and VictoryLand owner Milton to support the allegations Country Crossing from a raid. The leaving Falls’ office, Basgier began 4Bessemer resident Thomas McGregor of trying to keep Lucky should put to rest once and Alabama Supreme Court overruled representing a group that planned to Pack filed a lawsuit March 11, 2010, Palace from opening. U.S. District for all these baseless claims his order. open a slot machine-style facility in against the City Council bingo com- Judge Keith Watkins ruled against against the governor and the 4Country Crossing voluntarily the Bessemer Cut-Off District. mittee (council President Earl Co- the charity June 30. court,” Jeff Emerson, communications director for Riley, said in a press release. High court’s ‘bingo’ caseload heavier than usual in past year “Justice Houston’s conclu- (continued from page 5) case in which it reversed Young’s latest injunction. court is going to have to inspect the machines and sion that confidential infor- Similar rulings were handed down in cases in- But the task force has not yet attempted another say whether [they are] legal.” mation was leaked to the pub- volving Greene and Macon counties, where state raid of VictoryLand, which has sectioned off the Johnston added that if one of the parties has a lic about the case is not a surprise,” Emerson said. “After and local officials attempted to protect casino op- portion of its business housing the electronic gam- problem with the ruling, then it can appeal to the all, one individual not associ- erations at Greenetrack in Eutaw and VictoryLand bling machines. high court. But the trouble with this scenario is After the high court’s ruling, John Tyson, the ated in any way with the gov- in Shorter. that casino owners are protecting their machines ernor held a press conference The high court overruled one restraining order task force’s current commander, said in a press re- to keep the task force from confiscating them and lease, “This is the end of the illegal injunction that on the steps of the Supreme after another issued by circuit judges in both coun- having them inspected. Court the day before the de- ties and eventually had to remove Greene County had prevented law enforcement from taking action “They know they are going to lose when the Su- in Macon County.” cision was released (July 30) Circuit Judge Eddie Hardaway from the Green- preme Court gets a proper case,” he said. “They and announced that the case etrack case. Hardaway continued to issue restrain- Need to inspect machines have been delaying and filing all these lawsuits had been reassigned from one ing orders against the task force even after the jus- So far, the justices have not issued a ruling ad- and claims to try and stop the task force. If the task justice to another. tices repeatedly ruled that a circuit court has no dressing the slot machine-style devices at the heart force wasn’t there, they wouldn’t be in all these “While that information jurisdiction over the task force’s law enforcement of Alabama’s gambling battle. Birmingham attor- lawsuits. The Supreme Court has been chipping was clearly leaked by some- activities. ney Eric Johnston said a case specifically asking away at this little case and that little case, but the one, it was not leaked by the A similar action is expected in Macon County, about the machines will have to be brought before gamblers know that if they (the justices) cannot get governor, his staff or anywhere Circuit Judge Tom Young has issued similar the Supreme Court for such a ruling to be issued. the machines before them, they can’t rule on them. one associated with the Task restraining orders against the task force concern- “What’s going to have to happen is the task force … So they (the gamblers) hide them (the ma- Force on Illegal Gambling,” ing VictoryLand’s slot machine-style casino. Most is going to have to confiscate these machines and chines) away and wait for January (when the task Emerson said. (TAB) recently, the Supreme Court has refused to rehear a bring in a case to the circuit court,” he said. “The force may be dissolved by the new governor).” october 7, 2010 / the AlAbAmA bAptist / pAge 7 Gambling in Alabama Are attorneys for ‘big boys’ stalling for new governor? By Sondra Washington gies have not been used by smaller the Alabama baptist casinos and illegal gambling estab- labama casino owners have lishments. hunkered down in the court S.C. Supreme Court outlawed video poker “It’s not really the same situa- A system for a last stand to labama is not the only state vate, and it wasn’t until 1989 that the with 34,000 machines at 7,000 tion,” Rigdon said. protect their slot machine-style gam- A that has seen its fair share of state realized what had happened. venues. “When you’ve got 10 to 15 ma- bling businesses. But some legal ex- infighting over the legality of a Because the state never intended But in October 1999, the Su- chines or less, they don’t necessar- perts believe the barrage of cases type of electronic gambling. to legalize video poker, it did not preme Court spoke once and for ily seem to care about them. They and motions is geared toward drag- More than a decade ago, the have a gambling tax or any rules all and banned the video poker tend to write those machines off ging out the gambling battle until debate over the legality of video governing gambling such as chil- industry, marking the first time in when they get caught.” January, when new political leaders poker in South Carolina had es- dren not being allowed to play. 50 years that a state had outlawed Johnston said this is not the case are instated. calated to a boiling point after gambling and uprooted an entire with the “big boys.” “They are not trying to find a le- approximately 15 years. 1999 ruling industry. “They are grasping at straws try- gitimate legal answer to a legitimate Video poker came in “through However, South Carolina did ban The ruling came in response to ing to do anything they can to delay legal question,” said Birmingham at- the back door” in 1986 after a big jackpots in 1993 and limited an action made earlier in the year Bob Riley’s task force until after torney Eric Johnston, who heads Cit- state senator added an amend- payouts to no more than $125 per by state legislators, who wanted January, when the new governor is izens for a Better Alabama and has ment to a budget bill as a favor to day. In 1994, a referendum was held to let voters decide whether sworn in,” he said. fought against gambling for years. a local businessman, according to allow counties to decide whether they wanted video poker. They Gubernatorial candidates Dr. “All they are doing is delaying. … to Slate, a daily online magazine. they wanted video poker, but the had scheduled a statewide ref- Robert Bentley and Ron Sparks It’s a war of delay and attrition, and That amendment deleted two vote was overturned by the state Su- erendum for Nov. 2, 1999, but have both said they will disband they’ve got the money to do it. They words from a state law, which preme Court because it said crimi- worded the law to say unless vot- the task force after taking office. don’t have the law on their side and created a loophole for the video nal laws can’t vary from county to ers chose to keep video poker, it Bentley said he is opposed to they know it. But the legal system poker industry. Slate also report- county. would be banned. The Supreme gambling but will handle illegal will let them carry on the way that ed that the amendment passed By 1999, video poker had grown Court said the referendum was gambling through other channels they are carrying on.” without any debate, public or pri- to an estimated $3 billion industry unconstitutional. (TAB) rather than the task force. When increased pressure from Sparks plans to work to legalize gambling lobbyists failed to per- “electronic bingo” gambling — at suade lawmakers to pass bills legal- legislation that would give them the according to him, “less than 8 per- of lawyers and going to court on least in some areas — as well as a izing gambling over the past several monopoly on it and would exempt cent” of those have any merit. Still everything they can dream up to lottery, if he is elected. Either way, the thought of no years and Gov. Bob Riley’s Task them from the law altogether be- he said the bar investigates the ap- make a case out of — the latest be- Force on Illegal Gambling began more task force has given hope to cause they knew what they were do- propriate complaints and handles ing the federal court case (involving investigating and acting against ca- some facility operators. them as a grand jury would in a McGregor and Winn’s gambling lo- sinos in late 2008, gambling sup- ing was unlawful. These are the bills Johnston likened the large casino porters began turning to the courts we’ve seen for the past few years. … criminal case. cations) saying their civil rights were bosses’ actions to those of a mad to save the businesses. They knew they were operating out- McLain would not say whether violated under the Voting Rights man. Johnston said the courts usually side the law, and … that’s why they any casino lawyers had been brought Act,” Johnston said. “They don’t want to get bound are used to resolve legitimate claims were seeking these constitutional up on ethics charges, but he did say “Normally, if you’ve got a case down,” he said. “It’s like a mad but these cases involve “people with amendments.” none had been found guilty of ethics and you want to resolve a question man you are trying to hold down, political interests trying to use the violations. of law, you hire lawyers from one and he’s twisting and turning and political system to advance their pri- Questionable ethics? Initially small cases were brought firm to represent you,” he said. “Oc- trying to do damage trying to get vate and political positions.” Some gambling opponents have before Alabama judges by casino casionally you may have several law- away. “They (the gambling magnates) questioned the ethics of the high- owners trying to protect their busi- yers in a case depending on the num- “They are trying to keep the law were sailing along just fine (before paid attorneys representing Alabama nesses. But now a group of casino ber of parties in the lawsuit. They’ve from catching up with them,” John- the task force was formed) and no- casinos, but the line separating good magnates whom Johnston calls the got different lawyers in different ston explained. “They’ve failed in body was bothering them,” he said, legal practices and ethics violations “big boys” — VictoryLand owner jurisdictions in different cases, and the Legislature. They’ve failed in referring to Attorney General Troy is unclear. Milton McGregor, Greenetrack they are doing different things. … the court system. They can see the King and many district attorneys Tony McLain, general counsel for CEO Luther “Nat” Winn and Coun- Every time you turn around, it’s dif- promised land. January is not that who allowed the casinos to thrive the Alabama State Bar, said his of- try Crossing owner Ronnie Gilley — ferent lawyers making a comment.” far away. without fear of law enforcement ac- fice receives about 1,500 complaints are inundating the legal system for Brady Rigdon, deputy to Jefferson “But if they can stop the Supreme tions. each year against some of the state’s their purposes. County District Attorney Brandon Court from ruling until after Janu- “They got greedy and tried to pass nearly 17,000 licensed lawyers. But “It’s the big boys hiring legions Falls, said these types of legal strate- ary, that takes the pressure off.” Supreme Court’s 6-point ‘bingo’ test changed everything By Sondra Washington nounced; if one of the values matches ning pattern and announce that fact. his council’s gambling expansion the Alabama baptist a value on one or more of the player’s Shortly after this ruling was is- plans, told The Alabama Baptist that he closest Alabama Supreme cards, then he or she must physically sued, many gambling machine nobody on Fairfield’s City Council T Court justices have come to act by marking his or owners and officials was qualified to determine if the ma- determining the legality of the slot her card accordingly. planning to bring chines were legal. machine-style gambling devices 4. A player can slot machine-style Soon casino owners in Houston, housed in several casinos across the fail to pay proper at- “The fact that casino gambling to their ar- Lowndes and Macon counties also said their machines satisfied the state is issuing a six-point descrip- tention or properly eas announced they Supreme Court’s requirements. Yet tion of legal bingo. The explanation mark his or her card bosses are trying to ... had new machines and thereby miss an that met the Supreme none of them allowed Gov. Bob Ri- was delivered in a November 2009 ley’s Task Force on Illegal Gambling ruling addressing gambling opera- opportunity to be de- use the [court] rules Court’s require- clared a winner. ments. But none ever to inspect the machines to prove their tions at Lowndes County’s sole ca- to justify illegal ma- validity. In the end, the facilities ei- sino in White Hall. The justices said 5. A player must brought the machines recognize that his in for an official de- ther closed voluntarily or experi- the “game commonly or traditionally or her card has a chines is ridiculous.” termination by any enced task force raids. known as bingo” must include these “bingo,” i.e., a pre- Todd Stacy companies other than Todd Stacy, Riley’s press secre- characteristics: determined pattern of Gov. Riley’s press secretary those hand-picked tary, said the court’s ruling is clear. 1. Each player uses one or more matching values, and, and paid by the ca- “The Supreme Court didn’t lay cards with spaces arranged in five in turn, announce to sino owners. down six guidelines for converting a columns and five rows, with an al- the other players and On Dec. 3, 2009, slot machine to a bingo machine,” he phanumeric or similar designation the announcer that this is the case be- Fairfield leaders displayed machines said. “They said, ‘This is what con- assigned to each space. fore any other player does so. in City Hall and said they com- stitutes bingo and if it doesn’t meet 2. Alphanumeric or similar desig- 6. The game of bingo contem- plied with the high court’s test. The these guidelines, it’s not bingo.’ … nations are randomly drawn and an- plates a group activity in which mul- mayor and council members already The fact that casino bosses are trying nounced one by one. tiple players compete against each supported the city’s gambling op- to take this test and use the Supreme 3. In order to play, each player other to be the first to properly mark erations. But Bessemer Mayor Ed Court’s rules to justify illegal ma- must pay attention to the values an- a card with the predetermined win- May, who has continuously fought chines is ridiculous.” october 14, 2010 / The Alabama Baptist / Page 5

All bets not off in Alabama Gambling continues on federally protected Indian land By Sondra Washington The Alabama Baptist hen Macon County’s “bingo” casino at VictoryLand shut its doors W in August, gambling opponents claimed victory in their fight against Ala- bama’s slot machine-style businesses and said the gambling facilities were “100 percent shut down.” But that 100 percent didn’t include the Poarch Band of Creek Indians’ three casinos. State legislators, city and county leaders, gambling bosses and members of Gov. Bob Who are the Poarch Riley’s Task Force on Illegal Gambling have fought all year about the future of the state’s so-called electronic bingo industry, but gam- Creek Indians? bling at Indian casinos has continued. Bill- In 1984, the Poarch Band of Creek boards, TV commercials and newspaper ads Indians became the only federally rec- imply a sophisticated casino atmosphere at ognized tribe in Alabama. There are the tribe’s facilities even though they are lim- currently almost 3,000 members of the ited to the same slot machine-style gambling tribe. While the ancestors of the Poarch that is currently shut down across Alabama. Creek Indians lived along the Alabama Some have accused Riley of turning a blind River, the Creek families who received eye to the casinos to protect Indian gambling land grants in 1814 and 1836 following and then receive some sort of payout. He has the Trail of Tears in 1830 moved inland repeatedly denied these claims. away from the river into the Poarch Others say the task force could not move Photo by Jennifer Davis Rash area, near Atmore. against the casinos since federal laws allow a world of its own — Driving south on I-65, the Wind Creek Casino & Hotel seems some- In the 1940s, community leaders federally recognized Indian tribes to oper- what out of place as one nears Atmore. Surrounded by farmland and very little else, the property took action to improve community ate gambling in states where certain types of includes 236 hotel rooms, conference rooms, restaurants, a day spa and a cooking school. conditions and educational opportu- gambling are legal (see story, page 7). nites. In 1950, a nine-member formal Either way, Indian gambling is alive and tory Act (IGRA) of 1988, “An Indian tribe In 2006, a news release from Attorney Gen- governing body was established. (His- well in Alabama, and it may be awhile before may engage in, or license and regulate, Class eral Troy King’s office stated that he filed a tory provided by Poarch Creek Indians that changes — if it ever does. II gaming on Indian lands within such tribe’s response with the Department of the Interior tribal offices) Currently the Atmore area-based tribe jurisdiction, if … such Indian gaming is lo- opposing the tribe’s request to “significantly owns and operates Wind Creek Casino & Ho- cated within a state that permits such gaming expand the scope of Indian gambling in Ala- tel in Atmore, Creek Casino Montgomery and for any purpose by any person, organization bama” to include “pari-mutuel wagering on Creek Casino Wetumpka. or entity.” The act defines Class II gaming horse and dog races, conduct poker tourna- Clarification on Part 4 The casinos began opening just three or as “the game of chance commonly known as ments and sweepstakes and add an auto-daub four years after the tribe was recognized by bingo (whether or not electronic, computer or feature to its electronic bingo games.” of gambling series the U.S. Department of the Interior’s Bu- other technologic aids are used in connection In his release, King expressed “legal objec- In the “Gambling in Alabama, part 4” reau of Indian Affairs in 1984, said Robert therewith).” tions on behalf of himself and the governor” series in the Sept. 23 issue, a comment McGhee, governmental relations adviser for McGhee said the tribe initially offered tra- and argued that the Poarch Creeks’ request about Rep. Tommy Sherer, D-Jasper, in the Poarch Creek Indians. This designation ditional paper bingo but advanced their ca- included a “mischaracterization of the state the article about Walker County could allows tribe members access to various gov- sinos as technology advanced. At times, the of Alabama’s gambling law and policy.” mislead readers to think Sherer might ernment services and to offer gambling. proposed moves were protested by Alabama “It is my steadfast hope that the Interior support gambling efforts. But that is According to the Indian Gaming Regula- officials. (See ‘Indian,’ page 6) not the case. Sherer has been a consistent opponent of gambling and has always stood against efforts to expand gambling in Alabama. Poarch Creek Casinos Sherer did support a bill limiting Wind Creek Casino & Hotel Creek Casino WetumpkA 4Sizzling 7s bingo in Walker County to paper games Located near Atmore (also known as Riverside Casino) 4Triple Lucky 7s and tried to help get it out of the House 450,000 sq. ft. Located in Wetumpka 4American Original local legislation committee, but Rep. 4More than 1,600 slot machine-style 439,000 sq. ft. 4Double Diamond Ken Guin, D-Carbon Hill, opposed the gambling devices 4More than 900 slot machine-style 4Hot Shots Blazing 7s bill. Because it was considered local gambling devices legislation, it needed unanimous sup- Creek Casino Montgomery 4Quick Hit Black & White port from the local delegation to pro- (also known as Tallapoosa Casino) Games offered on the slot machine- 4Draw Poker ceed. Without Guin’s support, it was Located in Montgomery style gambling devices: 4Hexbreaker a contested local bill and thus did not 421,000 sq. ft. 4Wheel of Fortune 4Texas Tea come out of committee. 4500 slot machine-style gambling devices 4Price is Right 4Beetle Bailey Page 6 / The alabama baPTisT / ocTober 14, 2010 Poarch Creeks seek compact with state to expand gambling By Sondra Washington Gaming Commission (NIGC) said that, under The alabama baptist the NIGC interpretation of IGRA, the machines n states where full-fledged casino-style gam- in use at White Hall, VictoryLand and Green- I bling is illegal, like Alabama, Indian tribes etrack were not Class II bingo at all, but Class must negotiate a tribal-state compact to operate III slot machines because the machines perform those types of establishments. Representatives the task that the game of bingo requires of hu- for the Poarch Band of Creek Indians consider man players.” this to be a cut-and-dried issue. But, like many The NIGC does consider some slot machine- other legal matters, the issue may not be as easy style gambling machines to be Class II gambling as it seems. or electronic bingo, and the Poarch Creeks must The Indian Gaming Regulatory Act (IGRA), be approved by NIGC to operate their casinos. which governs Indian gambling across the Birmingham attorney Eric Johnston said the country, explains how a state’s government and law is not as simple as McGhee makes it out a sovereign Indian nation should negotiate the to be. agreement. “Until there is a new constitutional provision The law states, “Any Indian tribe having ju- passed that allows Class III-type gambling — risdiction over the Indian lands upon which a which includes card games, roulette wheels, Class III gaming activity is being conducted, etc. — a governor can not allow a compact or is to be conducted, shall request the state in with the Indians,” said Johnston, who heads the which such lands are located to enter into nego- Southeast Law Institute. “Gov. Riley has taken tiations for the purpose of entering into a Trib- the position that the state does not have Class al-State compact governing the III gambling, and that he is not conduct of gaming activities. going to enter into an agree- Upon receiving such a request, ment that allows the Indians to Photo by Jennifer Davis Rash the state shall negotiate with the “As an Indian tribe, have Class III gaming.” thriving enterPrise — The Poarch Band of Creek Indians plans to turn its Indian tribe in good faith to en- In a November 2007 educa- Wind Creek casino near Atmore into a resort destination. ter into such a compact.” you are supposed to tional update from the South- The federal law adds, “The east Law Institute, Johnston for fundamental principles of states’ rights and to operate the games instead of charging ahead United States district courts be allowed to make described a similar standoff an arrogant lack of respect for the people of and then expecting to be forgiven or ignored.” shall have jurisdiction over any between Texas and one of its Alabama. Federal bureaucrats simply lack the Since that time, Johnston said the case has cause of action initiated by an the rules on your Indian tribes. In that case, a authority to override the will of the people of been dismissed “for being premature, and there Indian tribe arising from the reservation.” Texas tribe asked the secretary Alabama by allowing casino gambling to in- has been no further action on whether Indian failure of a state to enter into of the interior to permit them vade our state. I will not stand idly by and allow tribes in Alabama wish to have Class III gam- Daniel McGhee negotiations with the Indian Class III gambling because the them to do so.” ing.” tribe for the purpose of entering Poarch Creek Tribal state wouldn’t allow it. Accord- The tribe responded accusing King of run- Still, McGhee and the tribe are optimistic into a Tribal-State compact ... Gaming Commission ing to Johnston, the 5th Circuit ning a “game of hypocrisy” and “selectively about signing a compact with the incoming or to conduct such negotiations Court of Appeals ruled that this applied justice.” governor. in good faith.” request violated the terms of “From a tribe member’s perspective, I’m al- Daniel McGhee, administrator of the Poarch IGRA since “Congress did not mean to give ‘Offending our intelligence’ ways hopeful,” he said. “No one is out to break Creek Tribal Gaming Commission, believes that much authority to the secretary, and he cer- “In football, a great defense may be a great IGRA requires Alabama to negotiate a compact tainly could not infringe on the sovereignty of offense, but in the case of Alabama’s attorney any laws. We just want to exercise our sover- with the tribe. He said his tribe has asked Gov. the state.” general, trying to convince Alabama that he eign right. … We deserve the same respect as Bob Riley and previous Alabama governors to The Poarch Creek Indians attempted to get is defending the state by offending our intel- any other state you negotiate with.” enter into such a compact, but they were repeat- the same type of relief from the Department ligence will just not work,” the tribe said in a According to the National Indian Gaming edly refused. of the Interior against the state of Alabama in press release. “For some time, the Poarch Band Commission (NIGC), Alabama’s three Indian “It’s a matter of principle,” he said. “As an 2006 trying to “force Alabama into the position of Creek Indians have asked that it be allowed casinos are a part of the Washington region, Indian tribe, you are supposed to be allowed of not acting ‘in good faith’ (as IGRA states) to operate the same kind of electronic bingo which includes 25 other gambling operations in to make the rules on your reservation. That’s and having the secretary make that decision and games that wealthy racetrack owners operate in Connecticut, Florida, Louisiana, Mississippi, what the constitution says. … It’s supposed to then permit high stakes forms of gambling.” other parts of the state. Unlike those racetrack North Carolina and New York — all but Florida be your decision because you have a reserva- The 5th Circuit court’s ruling does not apply owners, the Poarch Band actually asked for and Alabama have state compacts allowing full tion. … Alabama doesn’t have to negotiate with in Alabama which falls under the 11th Circuit permission from the appropriate federal entities casino gambling. Mississippi when they want to do something. Court’s jurisdiction. But, the Poarch Creek has to negotiate with Al- In 2006, the state of Alabama responded ask- abama, and we are supposed to be considered a ing the Department of the Interior to refer to a sovereign nation — a state within a state.” prior case where a federal court ruled against But Todd Stacy, Riley’s press secretary, dis- this type of action. But, in 2008, their request Indian casino plans include agreed. was dismissed. “Gov. Riley has said for years that he will not Attorney General Troy King then filed a sign a compact with the Poarch Band because federal lawsuit against the department and re- restaurant, retail components it would expand gambling in the state of Ala- sponded, “The Department of the Interior’s (continued from page 5) In the end, the tribe purchased a con- bama,” he said. “In 2004 the National Indian recent actions represent a complete disregard Department will base its decision upon trolling interest in the Mobile Greyhound principles of law that we have presented Park in Theodore and another track in Pen- and deny this effort to spread a practice sacola, Fla. It also expanded its “electronic that is detrimental to our citizens and con- bingo” casinos, which now offer about trary to our state’s laws and policy,” he 3,000 slot machine-style games; more than said. 1,600 machines are at the tribe’s newly ex- The tribe issued its own press release, panded Wind Creek casino. stating that King was protecting “un- regulated non-Indian gaming, … turning Plans for development a blind eye to other gaming within this McGhee said the tribe is completing state and denying the tribe a level playing plans to turn the casino into a resort des- field.” tination surrounded by a proposed retail The release added, “Pari-mutuel bet- development area. He also said there are ting, sweepstakes, poker tournaments plans to expand the Wetumpka casino and and one-touch bingo are currently being add a hotel and restaurants to the site. played at dog tracks and other venues in According to the Bureau of Indian Af- Alabama. These games, which fall within fairs, 11 other American Indian groups the IGRA’s definition of ‘Class III’ games, (see story, page 7) have either applied or are prominently advertised on billboards, expressed an intent to apply for federal Photo by Jennifer Davis Rash newspapers, radio and television through- recognition, which, if given, would allow original Plan — The Creek Casino Wetumpka (Riverside Entertainment Center) was Poarch out Alabama.” them to offer gambling in Alabama. Creek Indians’ first choice for a resort casino destination, but city restrictions changed their minds. october 14, 2010 / The Alabama Baptist / Page 7

What is Gambling on Indian lands: State IGRA? government vs. federal government t has been within only the past two By Sondra Washington I decades that the United States has at- The Alabama Baptist tempted to regulate the Indian gambling labama gambling operators have con- industry and protect the rights of both tinuously used the Poarch Band of Other American Indian groups in Indian tribes and states. A Creek Indians’ casinos as an excuse to The U.S. Congress passed the Indian continue their gambling businesses across the Alabama that have petitioned federal Gaming Regulatory Act (IGRA) in 1988 state. Most questioned how Gov. Bob Riley’s only after the U.S. Supreme Court ruled Task Force on Illegal Gambling could force in favor of the Cabazon Band of Mission slot machine-style gambling facilities around government for recognition Indians in a 1987 case between the state Alabama to shut down without even attempt- 4Principal Creek Indian Nation East of 04/20/1994; Postal service certified letter of California and the Cabazons. ing to approach similar Indian casinos. the Mississippi in Florala returned 11/5/1997 But some legal experts say gambling on The case was filed after California and Status: Declined 06/10/1985 4Cherokee Nation of Alabama in Bir- sovereign Indian lands cannot be controlled Riverside County sought to apply their mingham laws and ordinances governing the op- or prevented until the state deals with its own 4MaChis Lower Alabama Creek Indian Tribe in New Brockton Status: Letter of Intent to Petition eration of bingo games to the Cabazons, gambling problems. 02/16/1999 who were operating bingo and poker Robert McGhee, Poarch Creek governmen- Status: Declined 08/22/1988 games on their reservations and opening tal relations adviser, said the National Indian 4MOWA Band of Choctaw Indians in 4Cherokee River Indian Community in them to the public. The Supreme Court Gaming Commission, which regulates all Indi- Mt. Vernon Moulton ruled that states did not have regulatory an gambling, allows tribes like his to offer slot Status: Declined 11/26/1999 Status: Letter of Intent to Petition control over Indian gambling because machine-style “electronic bingo” gambling in 08/03/2000 Congress had not “expressly consented” states where bingo is legal. 4Cherokee Tribe of Northeast Alabama 4Phoenician Cherokee II — Eagle that “state laws may be applied to tribal “If the state has bingo for a form of gaming, (formerly Cherokees of Jackson County, Tribe of Sequoyah in Gadsden Indians on their reservations.” As a result, then the tribe is allowed to do Class II gaming Alabama) in Pinson Status: Letter of Intent to Petition states pushed Congress to pass IGRA to (which includes electronic bingo),” McGhee Status: Letter of Intent to Petition 9/18/2001 give them some control and rights in re- said. 09/23/1981 4United Cherokee Ani-Yun-Wiya Na- gard to gambling on Indian reservations. “The problem is when it comes to the state 4Cherokees of Southeast Alabama in government compared to the federal govern- tion (formerly United Cherokee Intertribal) Dothan in Guntersville Gambling classes ment, the state is saying … they don’t believe Status: Letter of Intent to Petition Status: Letter of Intent to Petition The act divides Indian gambling into electronic bingo is considered Class II bingo 05/27/1988 11/08/2001 three categories. Class I Indian gambling machines. … They look at those machines as consists of traditional and social games illegal because that’s not traditional bingo,” he 4The Langley Band of the Chickamo- 4Coweta Creek Tribe in Phenix City with insignificant prizes. This type of continued. gee Cherokee Indians of the Southeastern Status: Letter of Intent to Petition gambling is free of state regulation and “Now when you look at the federal govern- United States in Birmingham 2/12/2003 limited to tribal jurisdiction. ment — because we are a federally recognized Status: Letter of Intent to Petition Source: www.bia.gov/idc/groups/public/documents/text/idc-001215.pdf Class II Indian gambling involves tribe and we fall under federal law — federal bingo and bingo-type games. Slot ma- law states that if a state is doing bingo, then the chines are excluded from this class. It federal government will determine what bingo the Southeast Law Institute and has fought go facilities around the state are illegal. is allowed only if this type of gambling is,” McGhee said. “The federal government against legalizing gambling for years. “If Mil- “Electronic bingo and electronic slot ma- is permitted in the state for any purpose has determined that the machines we use are ton McGregor (VictoryLand), Greenetrack, chines are two different things,” he said refer- and the tribal government adopts a gam- actually bingo machines.” Ronnie Gilley (Country Crossing) and all the ring to the Alabama Supreme Court’s six-point bling ordinance that has been approved McGhee said the state would have to “out- other places are permitted to operate slot ma- test for determining legal gambling. by the National Indian Gaming Commis- law paper bingo” to prevent his tribe from of- chine gambling, then the Indians will be able “Just because no one challenged it for a sion (NIGC). fering “electronic bingo gambling.” He added, to have it. But, conversely, if they are not al- number of years doesn’t make it legal. There’s Class III Indian gambling encom- “If the state did not have paper bingo, then we lowed to have that level of gambling, then the prostitutes walking around in big cities, but passes any game that is not allowed in could not do what we we’re doing.” Indians cannot have it. The Indians are not im- that doesn’t mean it’s OK. That was the law Class I or II and is often referred to as Birmingham attorney Eric Johnston dis- mune.” falling down on its job. ... Only when we re- casino-style gambling. This includes agreed. Johnston said the kind of machines cur- solve these issues in Alabama can we then turn slot machines, poker and blackjack. But “They can play the same level of gambling rently used by the Indians and formerly to the Indians and tell them to stop the slot like Class II gambling, this type of gam- allowed in the state,” said Johnston who heads used in so-called charity electronic bin- machine-type bingo.” bling is allowed only if it is legal in the state and is authorized by a resolution approved by the NIGC. In addition, the state and tribe must come to an agree- Poarch Creeks’ ordinance concerning gaming ment on how the Class III gambling will CLASS I GAMING. Social games played operation, and limitations on wagers and pot games such as roulette, craps, and keno; (b) be conducted. IGRA specifies that a state solely for prizes of minimal value, or tradi- sizes. Any slot machines as defined in 15 U.S.C. must attempt to negotiate in good faith tional forms of Indian gaming when played 1171(a)(1) and electronic or electromechani- if a tribe approaches it about negotiating by individuals in connection with tribal cer- (6) CLASS III GAMING. All forms of cal facsimiles of any game of chance; (c) Any conditions for Class III gambling. Oth- emonies or celebrations. gaming that are not class I gaming or class sports betting and pari-mutuel wagering in- erwise the tribe can sue the state and ask II gaming, including but not limited to: (a) cluding but not limited to wagering on horse the federal court to mediate. If the state CLASS II GAMING. Class II gaming Any house banking game, including but not racing, dog racing or jai alia; or (d) Lotteries. refuses to cooperate, then the U.S. secre- limited to — (1) card games such as baccarat, tary of the interior has the right to estab- shall mean: (a) Bingo or lotto (whether or not electronic, computer, or other technologic chemin de fer, blackjack (21), and pai gow (if Source: Poarch Band gaming ordinance, lish the Class III gambling operations. played as house banking games); (2) casino Aug. 2, 1993 The act also states that the revenue aids are used) when players: (1) play for priz- from Indian gambling is restricted to es with cards bearing numbers or other des- fund tribal government, provide for the ignations; (2) cover numbers or designations tribe’s welfare, promote economic de- when object, similarly numbered or designat- velopment within the tribe, fund chari- ed, are drawn or electronically determined; table organizations and fund operations and (3) win the game by being the first person of local government agencies. to cover a designated pattern on such cards; The U.S. Department of the Interior’s (b) If played in the same location as bingo or Bureau of Indian Affairs has the authori- lotto, class II gaming shall include pull-tabs, ty to investigate and prosecute violations punch boards, tip jars, instant bingo, and other of IGRA. Since the act’s passage, neither games similar to bingo; and (c) Non-banking party has been completely satisfied. In- card games that (1) state law explicitly au- dian tribes want less state restrictions, thorizes, or does not explicitly prohibit, and and states want more control over Indian are played legally anywhere in the state, and gambling. (TAB) (2) players play in conformity with state laws and regulations concerning hours, periods of OctOber 21, 2010 / the AlAbAmA bAptist / pAge 7

Sudden silence Candidates running for state, local offices quiet on gambling By Sondra Washington the Alabama baptist labama political candidates are no strangers to heated debates over is- A sues they plan to support or oppose if and when they are elected. Often voters are told the matters at stake will change the state as they know it. Experts say this year is no different even though many legislative candidates seem to be avoiding discussions on legalizing or prohibiting gambling, an issue some say could alter the landscape of the state and do away with many of the longstanding values held by Alabama residents. (See pages 4–6 for the gubernatorial candidates’ stances on gambling.) Birmingham attorney Eric Johnston believes much of the hush among legislative candidates surrounding the gambling issue is caused by the recent FBI indictments of 11 legislators, gambling bosses and lobbyists connected to this year’s Alabama Senate vote to legalize and expand gambling. “If it hadn’t been for the indictments, it (gambling) would have been a bigger deal than it is because things would have been status quo,” said Johnston, who heads the South- Photo by Jennifer Davis Rash east Law Institute. “You would have seen gamblers putting money into elections to get “The pro-gambling people want to get the don’t go to the polls, you’re voting for the their (gambling) bills passed (in the upcom- courts to be made up of people that will rule other guy.” ing legislative session). They don’t want to in their favor when these issues come up. Although Godfrey said most people he talk about it. … It’s almost like gambling is They want legislators that will pass laws that talks to across the state do not want to let not on the radar right now.” will favor gambling, and if they can get legis- gambling “get a foothold” in the state, some Although the gambling debate significant- lators elected that support gambling they will may be letting the economy guide their vot- ly cooled down after word spread about the get laws passed that will legalize all forms of ing plans. FBI’s investigations, Johnston believes the is- gambling they want in this state because they Godfrey acknowledged the importance of sue is not yet put to bed. will make more money from more people and having a good economy but said, “Morals are “It will be back again,” he line their own pockets.” important, too, and we don’t need to lower said. “It’s like some kind of Even if the candidates con- our moral expectations concerning candi- cancer. You can treat it, get tinue avoiding the gambling dates and platforms of candidates just for the it in remission and think it’s “[Gambling is] not issue while the FBI moves economy.” going to go away; but there it forward with its investiga- He added, “If our economy is strong and is all of a sudden back again. going to go away tions, both Godfrey and John- we don’t have any moral underpinnings, the [Gambling] has been so big in ston urge Alabama citizens amount of money you have won’t matter. past legislative sessions that because a few to find out how their local, … As Christians we are our brothers’ keep- you know it’s just not going to county and state candidates county and state candidates ers, and we ought to be concerned about our go away because a few people will deal with gambling. people got indicted.” brothers and sisters being taken advantage of got indicted. There’s too much “Check out who is run- Eric Johnston by the gambling bosses.” money and too much oppor- Southeast Law Institute ning in your district and find tunity. … Even if the bigger out where they stand on the In the end, Johnston believes Alabama will ‘Bingo’ probe: All people go to jail, somebody gambling issue,” Johnston continue the conservative momentum he sees will step in and take their said. “If they are against it, occurring in voting habits across the country. place. That’s why we have to put the nail in you need to share that information with your “I think you’ve seen where there are vi- 11 plead ‘not guilty’ the coffin and get people elected who won’t friends and relatives. … Elect people you can able candidates running against the incum- he 11 lawmakers, gambling entertain the gambling bills.” trust to keep it from coming back.” bents, and they are able to get some money T bosses, lobbyists and others who Joe Godfrey, executive director of Alabama Godfrey said all eligible Alabamians and support (because) … some people want were arrested Oct. 4 in a FBI “bingo” Citizens Action Program, believes gambling should vote no matter what they believe about to see change,” he said. “In Alabama, I hope probe and charged with a vote-buying bosses and machine manufacturers are still gambling. they (voters) have seen the dominance of the scheme all pleaded not guilty in fed- putting money into the political campaigns “The election for any office will go to the gamblers and those kinds of people in the eral court in Montgomery on Oct. 15. of candidates who “are sensitive to allowing person who has the most people voting for Statehouse, and this is an opportunity to get A trial date of April 4 was set for gambling to expand in this state.” him or her,” he said. “Therefore we need to go rid of them and do the good business of the all 11 by U.S. Magistrate Judge Wal- “They feel that they are going to weather to the polls and exercise our rights and fulfill people of the state and not do businesses for lace Capel Jr. (TAB) this storm, and they tend to feel that they are our responsibility as citizens of this country the special interests of the state who domi- above the law a lot of times,” Godfrey noted. and state and as followers of Christ. If you nant totally what’s going on down there.” Page 8 / The Alabama Baptist / October 21, 2010 Gambling in Alabama ‘Off the reservation’ Does U.S. Supreme Court opinion make Poarch Creeks subject to county, state law? By A. Eric Johnston law. In other words, they do not expect to see ruled that “now” meant June 1, 1934. Con- Etowah County for the purpose of opening a Southeast Law Institute state criminal investigators on Indian proper- sequently, the Narragansett Indians who are casino. Although Etowah County has a bingo n the old western movies, settlers were ty checking out their operations. But is their seeking to develop their property are subject amendment, it should be limited to paper always concerned when the Indians were belief correct? to local building laws. card bingo. I “off the reservation.” In other words, the A February 24, 2009, United States Su- What does this mean for the Poarch Creek Southeast Law Institute can only act as a Indians may be up to no good. A legal ques- preme Court opinion could change all that. gambling operations? There is no published conscience in this. We have no authority to tion now exists about whether, in effect, the Writing for the majority in Carceiri v. Salaz- legal opinion on this, but consider what it may interpret, investigate and prosecute criminal Poarch Band of Creek Indians are off the res- er, 129 S.Ct. 1058 (2009), Justice Clarence mean. The Poarch Band of Creek Indians was laws. That job must be left to the state attor- ervation with their gambling activities. Thomas delivered an opinion that could bring not recognized as an Indian tribe until 1983. ney general. In recent years we have all learned the sig- drastic change to whether Indians are subject Prohibiting gambling operations Law enforcement officials should be en- nificance of gambling in Alabama. to state and local laws, whether on or off their forcing laws against gambling proliferation, The Poarch Creeks have significant gam- land, which they would call their “reserva- Therefore they would not be an Indian tribe including now the spread of Indian gambling. bling operations in Escambia and Elmore tion.” The 21-page opinion focused on the for purposes of the Indian regulatory laws and The opportunity is there and our government counties. They were no doubt concerned that meaning of the word “now.” This is not as the definition of tribal lands. Unless IGRA should do the right thing. recent attempts to legalize “electronic bingo” trivial as it sounds. preempts IRA, Carceiri would impact Ala- would have given them stiff competition. The federal law regulating Indian land, the bama Poarch Creek gambling. Poarch Creek EDITOR’S NOTE — Johnston wrote this Indian Reorganization Act (IRA), defined In- gambling operations in both Escambia and piece in July 2009. He said at press time that Regulated by IGRA dian to “include all persons of Indian descent Elmore counties would be subject to state and This is true because Indian gambling is who are members of any recognized Indian local laws. This would include all Alabama nothing has been done about the case in Ala- regulated by the Indian Gaming Regulatory tribe now under federal jurisdiction, and all constitutional, statutory, and county and city bama because ‘until we deal with gambling Act (IGRA). IGRA classifies three levels of persons who are descendants of such mem- regulatory laws. And more specifically, we elsewhere in the state, trying to deal with the gambling: Class I permits social games for bers who were, on June 1, 1934, residing believe the state constitutional provisions in Poarch Creek makes no sense.’ minimal value; Class II permits bingo gam- under the present boundaries of any Indian Article IV, § 65, 1901 Constitution of Ala- The American Bar Association said: ‘The bling subject only to the National Indian reservation.” The argument was on whether bama prohibiting games of chance, would most immediate impact of the Carcieri land- Gaming Commission (there is also the ques- “now” strictly meant Indians recognized as prohibit their gambling operations. Please into-trust decision is its effect on tribal gam- tion of whether this bingo may be electronic); such in 1934, or did it mean Indians who recall that the only games of chance in Ala- ing activity. Because trust status for Indian Class III permits high stakes gambling of ev- would be recognized at any future time. bama are games of bingo permitted in the lands is usually a precursor for gaining the ery description if otherwise allowed in the In the Carceiri case, the Narragansett Tribe 18 counties with constitutional amendments necessary approvals under IGRA, tribes that host state. in Rhode Island were arguing that land they permitting such bingo. Neither Escambia are no longer able to use the IRA land ac- Because Alabama does not have Class III acquired in 1988 was not subject to local nor Elmore counties have bingo permitted in quisition mechanism likely will need new, gambling, the Indians cannot. They must be building laws. The Narragansett Indians had any form. This does not only affect the Po- special legislation to conduct gaming activi- satisfied with the Class II bingo which they not been formally recognized by the federal arch Creeks. The Cherokee Indians recently ties on any newly acquired, nonreservation say, electronic or not, is exempt from state government until 1983. The Supreme Court purchased the River Trace Golf Course in lands.’ Indian gambling money ‘transparent,’ officials say Exerpts from an By Sondra Washington paying nearly $42 million The Alabama Baptist in payroll and generating advertisement ince slot machine- Regulations for use of Indian 1,268 direct jobs and 6,292 S style gambling be- indirect jobs through its gan taking root in the casinos. That same year, found at state, many people have gambling revenues the casinos paid more than www.alabamacasinos.com speculated about the The Poarch Band of Creek Indians shall use the revenues from any tribal $76 million in federal taxes amount of money the gambling operation only for one or more of the following purposes: and more than $17 million “ here are several types of gambling casinos were bringing in state taxes. These taxes T found in Alabama. The most pop- in and giving to charity (1) tribal operations or programs, are for payroll and goods ular form of gambling in Alabama is each month. The games (2) the general welfare of the tribe and its members, and services. They are not bingo which is one of the more popular were supposed to raise (3) the operation of local governmental agencies, income taxes. numbers game. There are also slot ma- money for this purpose. (4) charitable organizations and/or What is not included in chines. Definitely, you will find a small A glimpse into Ala- (5) economic development. the study — and officials amount of everything in Alabama. bama’s big-money gam- would not comment on — There are a few Indian casinos. bling profits was revealed Source: Poarch Creek Tribal Gaming Ordinance, 1993, and IGRA is the amount of money Since 1999, thousands of video when a federal court rul- brought in by the casinos poker machines have appeared across ing stated that Shorter’s and how much profit is Alabama. This is a fast-action, low- VictoryLand casino gave less than 1 percent of (and) we have ... audits ... to make sure every- made. PCI Gaming did invest more than $200 stakes game that is as easy to play as a its $126 million 2007 revenue to charities. thing is being done properly,” he said. million into the opening of Wind Creek Casino slot machine. These machines pay off And while the state’s so-called charity elec- McGhee said it costs about $20 million to & Hotel, but there’s no detailed information winners in coupon or gift certificates. tronic bingo facilities hid their earnings and run the tribe’s three branches of government available about the profits going to the PCI Several businesses in Alabama such donations from public view, officials with the and support its 3,000 members, and the casinos Gaming operation. as truck stops, convenience stores, a Poarch Band of Creek Indians say they have to generate most of that money. Gambling money Still Todd Stacy, press secretary for Gov. few arcades and some other businesses be transparent with the U.S. Department of the also helps fund the fire department, emergency Bob Riley, said the negative impact of gam- have been offering these video poker Interior about where the money from its three management operation, senior center and ser- bling is greater than the revenue that might be machines. casinos goes. vices, social services, health services, recre- generated. Even though, there are not many The Indian Gaming Regulatory Act requires ational facilities, etc. “The evidence is irrefutable. Casinos are a casinos found in Alabama, the casi- tribes to use net revenues from any tribal gam- drain on local and state economies,” he said, nos located in Alabama do offer craps, bling “to fund tribal government operations or $270 million-plus business pointing to the economic, social and political roulette, poker, blackjack a variety of programs, to provide for the general welfare of A Feb. 12 economic impact study performed prices paid as jobs are lost, crime rates sky- slots and more. They are open 24 hours the Indian tribe and its members, to promote by Geiger Johns Associates LLC showed the rocket and gambling bosses acquire power. a day. tribal economic development, to donate to effects of Indian gambling in Alabama. Geiger On the tribe’s website, Tribal Chairman Bu- One popular casino found in Atmore charitable organizations or to help fund opera- Johns is an American Indian-owned business ford Rolin said, “We are proud to be able to … offers the largest high stakes Indian tions of local government agencies.” research and consulting firm based in New contribute to our state by helping provide for bingo in the South and the newest state- So that means every year the Poarch Creek York and Washington, which specializes in education and public safety. We work hard to of-the-art electronic gaming machines. Indians have to submit a revenue allocation American Indian gaming. ensure that Alabamians maintain their quality There is also the Riverside Entertain- plan to the Department of the Interior, detailing According to the study, in 2009, Indian gam- of life. As the gospel says, ‘To whom much ment Center … located in Wetumpka. where the money goes, said Robert McGhee, bling, operated through PCI (Poarch Creek is given, much is expected.’ And we are ever The casinos in this state are competi- governmental relations adviser for the tribe. Indian) Gaming, spent nearly $145 million on mindful of that when we donate to charitable tive.” “[The plan] goes through several boards, Alabama goods and services, which included causes around our state.” October 21, 2010 / The Alabama Baptist / Page 9 Gambling in Alabama Twenty-eight states have some form of Indian gambling ndian gambling is a multibillion dollar The law established regulations for Indian business in America. gambling operations “to shield [them] from Indian I Reports show this industry began be- organized crime and other corrupting influ- ing regulated in 1987 when the U.S. Supreme ences, to ensure that the Indian tribe is the gambling Court ruled in a California case that Ameri- primary beneficiary of the gaming operation can Indians could offer any form of gambling and to assure that gaming is conducted fairly across the allowed anywhere in a state without state and honestly by both the operator and play- regulation. ers.” United States According to a 1997 USA Today article, IGRA also established the National Indian (marked in gray) “What this meant, in effect, was that if a state Gaming Commission (NIGC) to oversee the allowed volunteer fire departments to conduct regulations established by IGRA. occasional low-stakes Las Vegas nights, then Yet in states like Alabama where bingo Alabama Idaho Montana Oregon an Indian tribe in that state could sponsor 24- gambling is allowed, individual tribes are “the Alaska Iowa Nebraska Oklahoma hour, high-stakes casino gambling.” primary regulators” of their Class II games, Arizona Kansas Nevada South Dakota One year after the Supreme Court’s ruling, which include the machines being called California Louisiana New Mexico Texas Congress enacted the Indian Gaming Regula- electronic bingo in Alabama. Such practices Colorado Michigan New York Washington tory Act (IGRA) to allow “the operation of have been frowned upon in other Alabama ca- Connecticut Minnesota North Carolina Wisconsin gaming by Indian tribes as a means of pro- sinos operating slot machine-style gambling Florida Mississippi North Dakota Wyoming moting tribal economic development, self- devices because of the large amount of mon- sufficiency and strong tribal governments.” ey made by the casinos each month. (TAB) Fully automated ‘electronic bingo’ machines ‘not permissible’ n a letter to state senators and representatives the mistaken impression in Washington that field investigator had discovered several of ‘fully electronic, fully automated, multi-player I dated Oct. 30, 2009, dealing with “electronic slot machine gambling of the ‘electronic bingo’ these Class III fully automated ‘bingo’ slots bingo games’ in Alaska. bingo” and Alabama’s Indian reservations, variety is permissible in Alabama. But if we ag- ... . This letter could and should have been the “Mr. Hogen explained: ‘[T]he gaming equip- Gov. Bob Riley explained his understanding of gressively enforce state law and the Alabama state’s first clue that the federal government was ment performs those functions traditionally the law. Excerpts from that letter follow. Supreme Court upholds it, the federal govern- keenly interested in whether the state would en- performed by the operator, such as drawing the ment will have no sound basis for continuing numbers, and those traditionally performed by 4“According to the National Indian Gaming force state law against these machines before to allow Indian casinos to flout the federal law the NIGC would take any enforcement action the players, such as covering numbers called Commission (NIGC) — the federal agency re- against Class III gambling in Alabama.” sponsible for interpreting and enforcing Indian against Indian casinos. and claiming a prize. I conclude that a game “The law explained in the NIGC letter is so designed does not meet IGRA’s statutory gaming law — fully automated ‘electronic bin- 4“Over five years ago, on Oct. 19, 2004, the go’ machines are not permissible Class II bingo NIGC informed Attorney General (Troy) King, backed by several official NIGC rulings. For definition of Class II bingo, does not meet the games, but Class III slot machines, which ordi- in writing, that a fully automated electronic example, as recently as June 2008, NIGC Chair- NIGC’s definition of Class II ‘game similar to narily require a state-tribe compact.” ‘bingo’ machine in which a player ‘would in- man Phil Hogen denied the Metlakatla Indian bingo,’ and is, in fact, a Class III facsimile of a Tribe’s application for permission to operate game of chance [i.e., a slot machine].” 4“We have been informed that the only rea- sert money into the machine, press the play but- son the federal government is allowing Indian ton and the game would play by itself’ is not bingo under federal law and NIGC guidance. casinos in Alabama to run Class III ‘electronic Indian gambling must be conducted The NIGC explained to Mr. King in very clear Who regulates Indian bingo’ slot machines today is because the same on Indian lands within a tribes’ jurisdic- form of gambling is going on — and has been terms that ‘[g]ames played in this manner do gaming? tion. Indian lands are defined as all lands tolerated for years — at non-Indian facilities not meet our understanding of a Class II elec- Indian tribes are the primary regulators within the limits of any Indian reservation across the state.” tronic bingo game. Our advisory opinions have of Class II gambling. Regulation of Class and any lands’ title to which is either held emphasized the need for players to participate III gambling may be addressed in the Trib- in trust by the United States for the benefit 4“In other words, previous failures to en- in the bingo game by taking further actions to al-State compacts and varies by state with of any Indian tribe or individual or held force the state’s anti-gambling laws has created cover the numbers on the cards.’ ... An NIGC the tribes remaining the primary regulator by any Indian tribe or individual subject in most states. Both Class II and Class III to restriction by the United States against gambling are subject to the provisions of alienation and over which an Indian tribe What comes to mind when IGRA and oversight by the National In- exercises government power. dian Gaming Commission. The tribe must submit a tribal gambling ordinance to the Commission. The ordi- you hear the word casino? What process must a tribe nance must provide, among other things, follow to operate a gambling that: (1) the tribe will have the sole pro- he Poarch Band of Creek Indians’ gam- Class III gambling in the future? Or is it just a prietary interest and responsibility for T bling facility near Atmore is the first marketing strategy? facility? conducting gambling, (2) net revenues in the state to use the word “casino” in the Birmingham attorney Eric Johnston said he The tribe must determine whether the will be used for specific purposes, (3) an- name. Others have since followed, including believes it is a strategy. state in which the gambling facility is to be nual outside audits will be conducted, and the other two Poarch Creek gambling facili- “Just [like] the nature of the ‘bingo’ gam- located permits such gambling. If the state (4) a process for licensing and conducting ties in Wetumpka and Montgomery. bling machines located there, it is misleading permits gambling by any person, organi- background checks is in place. The chair- But when one hears the word “casino,” im- and is meant to entice persons in for the pur- zation or entity, then tribes are allowed to man of the NIGC must approve an ordi- ages of Las Vegas-style facilities with lots of pose of gambling,” he said. conduct Class II gambling activities with- nance before gambling can occur. glitz and glamour come to mind. Wind Creek “It gives a grand name to, at best, a pedes- out state approval. If the tribe wishes to Hotel & Casino does offer luxury, state-of- trian operation, though nevertheless destruc- conduct Class III gambling, a Tribal-State Source: National Indian the-art accommodations, but the “casino” tive.” compact must be negotiated. Gaming Commission section would certainly pale in comparison to However, the use of the word “casino” is Las Vegas. not prohibited by law, Johnston explained. “It The slot machine-style gambling is being is merely descriptive of the type of facility. hotly debated as to whether it crosses the “The word “casino” is not defined by Ala- line into Class III gambling, thus making it bama law,” he said. “Particularly it is not a illegal. PCI (Poarch Creek Indian) Gaming, term with legal meaning in the gambling which operates the gambling industry on the chapter of the Alabama Criminal Code. Ca- reservations, claims the machines are Class II sino is an Italian word originally referring to and thus legal. a private vacation home but coming to mean But this seems to be a contradiction. If the a public room used for social meetings. In facility is operating Class II gambling, then the contemporary American lexicon, we have why is it using a name that indicates it has come to associate the word with a place where Class III gambling? Is it because it really the primary activity is gambling but with at- does have Class III gambling or plans to have tendant entertainment, dining, etc.” (TAB) Page 4 / The Alabama Baptist / october 28, 2010

Define grass-roots effort Are large groups of ‘gambling supporters’ being paid to show up? By Sondra Washington The Alabama Baptist re the tactics being used to convince Alabamians to legalize and expand A gambling a grass-roots movement of the people, as some have claimed, or a scheme of a few hoping to score big in business? Gam- bling opponents say a deeper look into the rallies, marches, commercials, concerts and big-name guest speakers pushing the gambling cause across the state may reveal efforts steered by a handful of moneymakers and politicians — not the community at large. Riley goes after Last year, an Enterprise-based group called the Sweet Home Alabama Coalition began running commercials calling for taxation on slot Indian ‘bingo’ machine-style gambling being called electronic ll major casino-style, slot ma- bingo. Later it was discovered that casino de- A chine-type gambling facilities in veloper Ronnie Gilley was behind the group, the state are shut down, at least all the which was founded to promote gambling bills ones not on an Indian reservation. legalizing and expanding the activity at Hous- But if Gov. Bob Riley has anything ton County’s Country Crossing development to do with it, then the three facilities run and other venues across the state. Photo by Robin Cooper by the Poarch Band of Creek Indians in “I wouldn’t doubt if they spent several mil- gambling proponents interrupt anti-gambling rally — Gov. Bob Riley (at Atmore, Wetumpka and Montgomery lion dollars on ads,” said Birmingham attorney podium) yells over protesters who interrupted a Feb. 23 anti-gambling rally held on the State- will be closed soon. He plans to ask Eric Johnston, who also directs Citizens for a house steps in Montgomery. Their own rally was scheduled to take place after this rally. federal officials to shut down the ma- Better Alabama (CBA). “I think the goal, by the chines being labeled electronic bingo. gamblers running those ads, was to deceive the But when Alabama Citizens Action Pro- were led by gambling interests or those who John Tyson, commander of the Gov- public and make them think it was grass-roots gram (ALCAP) and CBA tried to hold an an- stood to benefit from gambling whether they ernor’s Task Force on Illegal Gam- efforts. … Their ads were meant to get support ti-gambling rally on the Statehouse steps Feb. are owners of the operations or the attorneys bling, said, “We’ve said all along that for the bills that they wanted. The whole pur- 23, several busloads of pro-gambling Alabam- representing them. we were to establish clearly that the pose of the bill was to legalize and monopolize ians arrived and out-yelled ALCAP and CBA’s “A grass-roots movement in a down econo- state of Alabama outlaws slot machines the bingo gambling that’s already going on in speakers, including Gov. Bob Riley and first my is not going to be able to put together the and we have the [authority to enforce the state. … What they (gambling bosses) were lady Patsy Riley, as they attempted to address type of funding required to launch that type of the law]. trying to do is save their bacon. … They knew the crowd. a campaign,” he said. they were going to lose.” “It was obvious that they had been instructed “The (Oct. 4) federal indictment (of Jackson, Sharpton appear 11 people arrested in an FBI ‘bingo’ After several years of fighting gambling on to shout down all our speakers because nobody acts that way,” said Joe Godfrey, execu- During the anniversary of Bloody Sunday in probe) explains in better detail that the state level, Johnston founded CBA, which ran advertisements to show the state’s residents tive director of ALCAP. And the signs used by March, pro-gambling forces held marches and what we are battling here is not just il- the negatives surrounding gambling and the pro-gambling attendees appeared to be profes- rallies to promote gambling — two of which legal gambling; it is corruption in the legislation drafted to expand it. sionally printed while the signs used by people were said to be for the sake of protecting jobs state of Alabama and we’ve made quite “We were just running ads because the bills supporting ALCAP and CBA were homemade, and voting rights and led by two nationally re- a bit of progress in that regard,” Tyson were bad,” Johnston said. “Our supporters had he added. nown civil rights activists, Jesse Jackson and said. “Now it’s time for us to take these no stake in it at all. They were just good Chris- “Who produced the signs?” Godfrey asked. Al Sharpton. developments to the Indian Gaming tian businessmen, and [CBA] was not (funded “We could not afford buses. Our people got off According to The Birmingham News, the Commission and insist that they en- by) any Indian gambling money. [Gambling from work and drove their personal vehicles “pro-bingo campaign” was reportedly “orga- force Alabama law as well. bosses] were trying to create a monopoly that great distances. There were some church vans, nized by former Tuskegee Mayor Johnny Ford “We have planned from day one to do was not subject to the law of this state and but for the most part, it was individuals who (who, afterward, lost his race for the Alabama that, so when the governor is speaking that exempted them from the Alabama crimi- drove themselves and carpooled to get there. … Senate) and Montgomery businessman Greg now it’s not a new idea,” he said. “It’s nal code, the statutes of the state, the Alabama I did hear people say they were employees of Calhoun.” just an announcement of the plan he’s Constitution and the decisions of the Alabama casinos and had been laid off, and I would as- Jackson spoke to crowds gathered in front had from the beginning. We are prepar- Supreme Court.” sume they were paid by the casino owners to of Fairfield City Hall and on the steps of the ing for those arguments right now.” be there.” Alabama Capitol. He also led a march in Mont- Tyson said the next step is likely a Busing in ‘supporters’ Johnston also believes the gambling forces gomery. personal visit to the National Indian During the past few legislative sessions, pro- are “orchestrating” the rallies. According to The News, Jackson said, “We Gaming Commission in Washington. gambling forces were also said to be the culprit “It s not people from all parts of the state (par- demand jobs and justice and voting rights.” Officials with PCI (Poarch Creek In- behind the large number of Alabama citizens ticipating) — just people from Macon, Greene The newspaper also reported that “march- dians) Gaming in Atmore could not be brought to the Statehouse on charter buses to and Houston counties,” he said. “A grass-roots ers included employees from VictoryLand and reached by press time, but PCI Gaming support gambling expansion bills at public effort means that it comes from the people ... Country Crossing.” President Jay Dorris was quoted by The hearings. Most of the citizens came from Hous- who have a concern. It’s not orchestrated by the According to the All American Talent and Birmingham News as saying, “Bingo, ton, Greene or Macon counties, the homes of people who have a special interest.” Celebrity Network, Jackson’s booking fee is as we play it, is acceptable.” (TAB) Country Crossing near Dothan; Greenetrack in Jefferson County District Attorney Brandon more than $50,000. Neither Jackson nor Sharp- Eutaw; and VictoryLand in Shorter. Falls said, “I believe [the people at the rallies] ton’s offices responded to interview requests. october 28, 2010 / The Alabama Baptist / Page 5

What the State governments become ‘addicted to gambling Bible says dollars,’ facing negative returns in current economy By Sondra Washington their gambling efforts to combat the “drop in worst recession in a generation during 2009, The Alabama Baptist gambling revenue” and “keep their cut of the consumers cut back on their discretionary about gambling eople are not alone in their addiction to profits rolling in.” spending, and those shrinking travel and lei- By Pastor Gary Fenton gambling. Recent trends show govern- Although Iowa is said to receive about $300 sure budgets led to a decline in gross gaming Dawson Memorial Baptist Church, Birmingham P ments can also become addicted once million from gambling each year, State Rep. revenues for the second consecutive year,” the s gambling morally wrong since it they start depending on gambling for revenue. Kraig Paulsen reportedly told AP, “Absolute- AGA reported in its State of the States Survey I is not specifically mentioned in the And numerous reports reveal that decreased ly, we’re addicted to gambling dollars. The of Casino Entertainment. “A majority of states Bible?” betting at casinos and gambling establish- current budget couldn’t be close to being bal- followed the national trend and saw their gam- There are many specific issues that ments across the nation is leaving many states anced without that money.” ing revenues diminish in 2009, and all mar- are not mentioned by name in the Bible, scrambling for ways to replace the revenue kets were affected to some extent by the drop yet we know, in principle, they are mor- they’ve depended on for years. ‘Don’t want to give it up’ in consumer spending.” ally wrong. The words “computer hack- According to the American Gaming Asso- Birmingham attorney Eric Johnston said, Even though gambling has existed in many ing,” “infringement of copyright” and ciation (AGA), 48 states plus the District of “The economy gets addicted to the tax dollars areas for years, evidence of its positive effects “prescription drug addiction” are not Columbia have some form of legalized gam- they get from it. It’s a source of revenue they may be hard to find. mentioned by name in the Bible. How- bling. In 2007, gambling gross revenue ex- begin to get. Once you begin to get that tax, The AGA publication revealed that although ever, when we look at the overarching ceeded $92 billion, but the states need more you don’t want to give it up.” Nevada has more casinos than all other states biblical principles, we know they are money. But experts have no way of knowing when combined, other sources report that it leads the wrong. Gambling is a similar issue. The Associated Press (AP) reports that or if the gambling climate will improve. nation in unemployment, foreclosures, bank- 4Gambling does not promote char- many states are moving toward expanding “As the United States grappled with the ruptcy filings and credit card delinquency. acter; in fact, gambling actually dimin- And two of Nevada’s cities with the largest ishes character. Gambling, by its very unemployment rates are Las Vegas and Reno. nature, is based on chance. Character, Similarly, Mississippi, which has been men- however, always involves choice. We Types of legalized gambling in each state and D.C. tioned numerous times as an example of suc- work to make a living and to benefit Class II and III cessful gambling by Alabama’s pro-gambling others (see Eph. 2:10 and 1 Pet. 1:13– Pari-mutuel Commercial Indian Gaming Racetrack Charitable politicians, has struggled to rise in state rank- 16). Slots wagering Lotteries Casinos Facilities Casinos Gaming ings, even with its gambling revenue. 4Gambling disproportionately im- Alabama a a a a According to The Meridian Star, “casino pacts the poor. It appeals to desperate Alaska a a a gaming was a $2.4 billion industry in Missis- people and entices needy people with Arizona a a a a a sippi in 2009,” but Mississippi has consistent- the promise of reward without labor. To Arkansas a a a ly had one of the highest poverty levels and take advantage of the poor and to exploit California a a a a a lowest education levels among the states. the needy is strongly condemned in the Colorado a a a a a a Bible (see Prov. 22:16, Prov. 31:8–9 Connecticut a a a a a Mississippi ‘still at the bottom’ and the book of Amos). Also once the Delaware a a a a a “Even with all the money coming from state makes gambling a source of in- District of Columbia a a gambling each year, … they (Mississippi) are come, your political leaders then have a Florida a a a a a a still at the bottom of the heap,” Johnston said. vested interest in promoting gambling. Georgia a a “The big problem is the cost of the gambling a a a a a The more money you lose, the more Idaho industry goes way up to handle all of the prob- Illinois a a a a a lems that occur. … You’ve got a lot of extra money they have to spend. Legalized Indiana a a a a a a gambling inevitably becomes state-en- costs for the government that go with it.” Iowa a a a a a a a Alabama’s Greene County is no exception. couraged gambling. The more citizens Kansas a a a a a a lose, the greater the need they have to “Out of their own mouths (at the public Kentucky a a a hearing meeting for this year’s gambling ex- gamble thus enabling addiction. Louisiana a a a a a a a 4Gambling violates the Golden pansion bill), they (Greene County residents Maine a a a a a and officials) talked about how poor they were Rule in that gambling requires that Maryland a a a someone loses. Taking financial risk is and how they needed gambling for money,” Massachusetts a a a Johnston said. “If it’s so good, why don’t they not the same as gambling. When you Michigan a a a a a a all have big fancy cars and new houses and risk capital to start a new company, your Minnesota a a a a a nice streets and beautiful public buildings? potential for success increases if your Mississippi a a a a But they don’t have any of that stuff. It’s still customer benefits from your product or Missouri a a a a a very economically depressed, and they’ve had service. At its best, capitalism is win– Montana a a a a a gambling for years.” win. But in gambling, the more people Nebraska a a a a a Jefferson County District Attorney Brandon lose and the more money they lose in- Nevada a a a a a Falls added, “At least two municipalities (in creases the amount of money you are New Hampshire a a a New Jersey a a a a a Jefferson County) have expressed anger over likely to win. In a gambling economy, the closings of the bingo parlors and stated the more others fail, the better your New Mexico a a a a a a New York a a a a a a that they needed that funding to operate the chance is to succeed. In a healthy and city. One was in my jurisdiction (Tarrant), growing economy, the more others suc- North Carolina a a a a North Dakota a a a a a and one was in the Bessemer jurisdiction ceed, the more likely you are to benefit (Fairfield). … I think they were deceived by and succeed. Ohio a a a Oklahoma a a a a a a the gambling interests who led them to be- Gambling historically brings cor- 4 Oregon a a a a a lieve that their operations would be legal. … ruption, crime and addiction. Gambling Pennsylvania a a a a a a and they were willing to do this because they has not been good for society. If we Rhode Island a a a a a needed the revenue. are serious about applying the teach- South Carolina a a “I believe that the proponents of gambling ing of Jesus regarding “do unto others South Dakota a a a a a a were approaching the municipalities knowing as you would have them do unto you,” Tennessee a that they were in need of revenue streams due it is difficult to imagine that we would Texas a a a a a to the downturn in the economy,” he said. endorse legalized gambling. Legalized Vermont a a “They pitched the idea of opening bingo gambling is legalized losing. Virginia a a a parlors saying it was legal for them to do so, While it is accurate to say you can- Washington a a a a a many times quoting a letter written by Attor- not legislate morality, you can legislate West Virginia a a a a a ney General Troy King which purported to al- behavior which is the very purpose of Wisconsin a a a a a low locations to hire employees and pay them law. Keeping gambling illegal in our Wyoming a a a a a salary,” Falls said. “(They said) if you’ll pass state does not force people to accept our an ordinance allowing us to do this, your city moral values; it does limit the potential Hawaii and Utah are the only states without any form of legalized gambling. will benefit from having to pay the license fees damage they can do to themselves, to Source: American Gaming Association, May 2009 and the public will benefit from having jobs others and to society in general. www.americangaming.org/Industry/factsheets/general_info_detail.cfv?id=15 all the time ignoring that the law did not allow them to operate as a for-profit business.”