Last week Alabama Attorney General Steve Marshall released a statement applauding a recent ruling enforcing Alabama’s gambling laws by permanently enjoining any facility in Macon County from offering “electronic bingo.”
“Electronic bingo machines are a blatant violation of state law, and the Alabama Supreme Court has reaffirmed this time and time again,” said AG Marshall. “Similar to the facilities in Morgan, Houston, and Lowndes Counties, the Macon County facilities are permanently prohibited from using electronic bingo machines moving forward.”
🚨NEW | AG Marshall Victorious Against Illegal Macon County Gambling Facilities.🚨 https://t.co/jazFIG8PJN
— Attorney General Steve Marshall (@AGSteveMarshall) June 13, 2023
In the case State of Alabama v. Epic Tech Inc. et al., the Court agreed with the Attorney General’s office that VictoryLand was operating illegal gambling devices for play in Macon County. The Circuit Court granted the State of Alabama’s request to permanently enjoin and prohibit the casinos from offering so-called “electronic bingo” machines at VictoryLand. The order also prohibits the Macon County Sheriff from issuing bingo licenses, receiving funds, and permitting the illegal slot machines to operate in Macon County.
Gambling machines are forbidden by the Alabama Constitution.
Attorney General Marshall’s legal actions are a continuation of his efforts to enforce state gambling laws and are part of an ongoing and multifaceted investigation that began in 2017. In April, the Attorney General’s Office executed search warrants and received temporary restraining orders against 14 illegal gambling facilities in Jefferson County—four of those he had previously taken legal action against in 2019. The resolution of this case in Macon County leaves only one case pending (in Greene County) from five that were simultaneously filed in October 2017. In each of the resolved cases, General Marshall has been able to shut down illegal gambling operations as illegal nuisances under Alabama law.
A number of counties do have constitutional amendments allowing the playing of charity bingo. However, the Court has previously ruled on a number of occasions that bingo is a game played on paper cards, and there is no such thing as “electronic bingo” under Alabama law. The Court has made several previous rulings.
VictoryLand is reportedly defying the Court and the rule of law to continue to operate, this time by replacing their illegal electronic bingo machines with legacy horse racing machines where people can put their money in a machine to watch a video of historical horse or dog races that they can bet on. Greenetrack in Greene County has adopted a similar tactic to stall for time to continue operating under the legally dubious supposition that a video gambling machine is actually legal horse or dog racing – both dog tracks can legally hold actual dog races and can legally have betting on simulcast racing. Studies show that electronic gambling machines are one of the most addictive forms of gambling.
The Alabama State Legislature is reportedly considering a gambling constitutional amendment. Illegal casino owners hope that by lobbying the Legislature, they can be given carte blanche to operate gambling monopolies legally by the state of Alabama.
Speaker of the House Nathaniel Ledbetter (R-Rainsville) told reporters that although gambling did not come up in the 2023 legislative session, it is not a dead issue.
“We have an ad hoc committee meeting,” Ledbetter told reporters. “They report to me every two weeks.”
Ledbetter said that he was providing the new members with information about gambling in this session; but that he expected legislation on gaming in a future session.
The Alabama Legislature will return for a special session next month to address congressional redistricting after the current districts were declared in violation of the 1965 Voting Rights Act. Alabama Governor Kay Ivey could bring up the gambling issue in the call for that special session. Ivey has said that the failure to get comprehensive gambling legislation passed was the biggest regret of her first term.
Gambling legislation would require a constitutional amendment and a vote of the people. Getting it on the ballot in the 2024 presidential election would mean passage by the Legislature in next year’s regular or special session before then.
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