AG Steve Marshall applauds victory against illegal Macon County gambling facility
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. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Tommy Tuberville defends decision to miss Senate vote to support Donald Trump after indictment
On Wednesday, reporters spoke with U.S. Senator Tommy Tuberville about his decision to miss a Senate confirmation vote on Tuesday to spend time showing support for former President Donald Trump, who has been indicted for allegations of mishandling classified documents. Tuberville defended the decision because he had counted votes, and President Joe Biden’s nominee to chair the Council of Economic Advisers – Jared Bernstein – would have been confirmed anyway. “We have dozens and dozens of votes a week, and yesterday there was a bad nomination that the Democrats and the Biden Administration put up in the financial realm, but I did my due diligence,” Tuberville told reporters in his weekly press call. “I went around, and we counted votes, and my vote wouldn’t have counted. It was going to pass anyway. It was pretty much going to be a pass.” Tuberville said it was a more beneficial use of his time to show his support for President Trump. “I thought it was much more beneficial for me, for the citizens of this country, the citizens of Alabama that like and support Donald Trump,” said Tuberville. “We need a strong person in the White House because this country is in trouble not just abroad, but within our country, especially financially, our economy. We need somebody who can stand up.” Tuberville admitted that he felt that Bernstein was a flawed nominee. “This nominee is not going to be very good,” Tuberville told reporters. “He is going to push the Biden policies that are not very good. I thought it was a lot more important to miss that vote out of very, very many and go support Donald Trump on a day in which he was indicted, a President for the first time in the history of our country, which is embarrassing.” Tuberville argued that if Trump is indicted for having classified documents at his home, then Biden should also be indicted for having classified documents from when he was a U.S. Senator at his home as well. “Joe Biden had thousands of documents that he got when he was a Senator, which if I had that in my house right now, I would be under the jail,” Tuberville said. “And they pretty much search you when you leave. I don’t know how in the world they got that many out of the Senate skiff. It’s really embarrassing to what this is, so number one, that is a huge, huge federal penalty. President Trump’s is not even close to that.” Tuberville insisted that President Trump is being treated differently from other ex-presidents. “President Trump, again, he is covered by the Presidential records act,” Tuberville continued. “As you look and see how this worked out. There are three or four Presidents that are still alive that have done much worse, much worse.” Tuberville said that other people should also be indicted under the precedent set by the DOJ’s indictment of Trump. “Whether President Trump did anything right or wrong, we will find out through this indictment, but there needs to be other people that get indictments very quickly since this one got handed out.” Tuberville voiced his view that there is a political agenda here and warned of possible payback. “We know there is a two-tier justice system,” Tuberville said. “We know what this is about. They don’t want President Trump to run. They don’t want him to win because when he runs, he wins, and when he wins, people are going to go to jail, and so they are fighting him tooth and nail, like they have done for the past six years.” Tuberville has already endorsed President Trump’s bid for the 2024 Republican presidential nomination. Current polling, despite the indictments, have Trump either dead, even with Joe Biden, or leading. One recent Harvard CAPS-Harris poll has Trump leading Biden by as much as six percentage points – and as Trump showed in the 2016 election, he can lose the popular vote and still win an electoral college victory. Only time will tell if these indictments will make a dent in President Trump’s growing popularity. Bernstein was confirmed Tuesday night while Tuberville dined with President Trump in a 50 to 49 vote. U.S. Senator Joe Manchin (D-West Virginia) voted with the Republicans against the nomination. Had Tuberville attended and voted no, then it would have ended in a 50 to 50 tie, with Vice President Kamala Harris breaking the tie to confirm Bernstein. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Democratic National Committee to review a complaint about Alabama party organization
Democratic National Committee leaders on Saturday agreed to review concerns about how the Alabama Democratic Party operates, including its decision to eliminate several diversity caucuses. The DNC’s Executive Committee voted to refer “all pending and future challenges and complaints” about the matter to its Rules and Bylaws Committee, according to a document. The move came a day after members expressed alarm about the state party’s actions. The Democratic National Committee in 2019 directed the Alabama Democratic Party to update its bylaws to include diverse voices in party affairs. That led to creating diversity caucuses for young voters, LTBTQ community members, Hispanics, Native Americans, people with disabilities, and other groups. But at its May meeting, the state party abolished some of those caucuses, with proponents arguing they were unneeded or diluted the power of Black voters who make up the majority of the state’s Democratic electorate. Forty Alabama Democrats filed a complaint concerning the May meeting and bylaws adopted during it, indicating they wanted the DNC to review the issues if they weren’t resolved at the state level. Randy Kelley, chair of the Alabama Democratic Party, has maintained that the new bylaws did not cut representation. He said Friday that state party leaders were prepared to go to hearings and “plead our case” if the national party intervened. Republished with the permission of The Associated Press.
Americans celebrate Juneteenth, nation’s newest federal holiday
President Joe Biden signed legislation two years ago making Juneteenth, or June 19, our newest federal holiday. Juneteenth commemorates the end of slavery. For the third year in a row, Alabama Governor Kay Ivey has authorized state employees to also take the day off since it’s designated at the federal level. Post offices, government buildings, courthouses, and many schools will be closed today. Most private businesses will be open, but there are exceptions, so call first before making plans. Juneteenth commemorates June 19, 1865, when Union soldiers brought the news of freedom to enslaved Black people in Galveston, Texas — two months after the Confederate Army of Northern Virginia had surrendered. That was also about 2 1/2 years after the Emancipation Proclamation freed slaves in the Southern states. Since Texas was not a major area of operations for the invading Union Army, Texas slaves had not been informed that they were free until the invasion of Texas in the closing days of the war. Slavery was formally abolished in all of the United States with the ratification of the Thirteenth Amendment to the U.S. Constitution on December 6, 1865. Observed on June 19, Juneteenth celebrates the end of slavery in the United States and commemorates the day that the news of its abolition reached slaves in Galveston, Texas, in 1965. It is also known as Emancipation Day, Jubilee Day, Black Independence Day, and Juneteenth Independence Day. The bill making Juneteenth a federal holiday passed unanimously in both the U.S. Senate and the House of Representatives and was signed into law by President Biden. “Juneteenth is, above all, a celebration of Black freedom,” said Congresswoman Terri Sewell (D-AL07). “It is long past time for the federal government to recognize Juneteenth as a federal holiday,” Sewell said when the legislation was passed into law. “I was so proud to be an original cosponsor of this legislation and even prouder to cast my vote for it today. Black Americans have continued to face systemic racism since we were recognized as full citizens more than 100 years ago. While this is a significant and symbolic step, we must fully grapple with the injustices of our country’s history, including the continued assault on Black Americans’ right to vote, before achieving true justice. Now is a time to recommit ourselves to that critical work and see to it that our Nation lives up to its promise of liberty and justice for all.” The Confederate government of Texas did not announce to slaves that the Union had freed them. Following General Robert E. Lee’s surrender at Appomattox Court House on April 9, 1865, and General Joseph Johnston’s surrender on April 26 (celebrated annually to this day in Alabama as Confederate Memorial Day), the Union turned its attention to the remaining Confederates in Texas. Confederate General Edmund Kirby Smith, commander of the Confederate Trans-Mississippi division, did not agree to surrender his army until May 26, 1865, when his second in command agreed to terms in negotiations in New Orleans. Smith’s army in Galveston did not lay down their arms until June 2. Gen. Kirby Smith fled the country to Mexico and then Cuba. He returned to Virginia in November 1865 to sign an amnesty oath. The Union transported an entire army to Texas to occupy the state. It was only on June 19, 1865, that most Texas slaves learned that they had been freed. “To me, making Juneteenth a federal holiday wasn’t just a symbolic gesture. It was a statement of fact for this country to acknowledge the origin of — original sin of slavery,” said President Biden. “To understand the war [that] was never fought over it — it wasn’t just about a Union, but it was most fundamentally about the country and freedom.” “To remember the Emancipation Proclamation wasn’t just a document. It captured the essence of freedom that galvanized the country. It proved that some ideas are more powerful; they can’t be denied,” Biden continued. “It’s a reminder that the promise of America is we all are created equal in the image of God, and we deserve to be treated equally throughout our entire lives. We’re the most unique country in Amer- — in the world. Other countries are founded based on faith, on ethnicity, on other things — religion. But we — we are founded on an idea. An idea unlike any other country in the world, that we hold these truths to be self-evident that all men and women are created equal, endowed by their Creator with certain inalienable rights. While we’ve never fully lived up to that promise, we’ve never walked away from it either. On our best days, enough of us have the guts and the heart to stand up for the best in us. It matters. It really matters.” “Juneteenth, as a federal holiday, is meant to breathe new life into the very essence of America — to make sure all Americans feel the power of this day and the progress we can make as a country; to choose love over hate, unity over disunion, and progress over retreat,” Biden continued. Choosing to remember history, not erase it; to read books, not ban them — no matter how hard some people try. That’s what’s great about it. That’s what great nations do. And we’re a great nation.” The Birmingham Civil Rights Institute is a good venue for families to learn about the history of slavery and civil rights. BCRI celebrated Juneteenth on Saturday with performers and a cookout, but usually, BCRI is closed on Mondays. For most Alabamians, this is a festive time of year with many holidays. The unofficial start of Summer begins in late May with Memorial Day. Two weeks ago, state employees got another three-day weekend celebrating Jefferson Davis’s birthday. Now federal and state workers have today off for Juneteenth. The Fourth of July, the Independence Day holiday, is just two weeks away. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Alabama medical cannabis licenses are now on hold pending review
Last Friday, the Alabama Medical Cannabis Commission (AMCC) voted to stay all proceedings related to the current offering of medical cannabis business licenses. This decision was made just four days after announcing that the Commission had voted to accept the applications from 21 entities to be licensed marijuana growers, processors, transporters, laboratories, and integrated facilities. The Commission said in Friday’s statement that the stay was issued because of AMCC’s discovery of potential inconsistencies in the tabulation of scoring data. During this pause in proceedings, the Commission will seek an independent review of all scoring data. “The Commission will work expeditiously to investigate and identify inconsistencies in the score data,” explained AMCC Director John McMillan. “Out of an abundance of caution, we are suspending all current procedural timelines until those matters are resolved.” Because the program has been suspended pending the independent review, applicants awarded a license on June 12, 2023, are not required to pay the license fee by June 26, 2023. The dozens of applicants who were denied an award of license on June 12, 2023, are not required to submit a request for an investigative hearing by June 26, 2023, as a review is already underway. All of this means that the licenses awarded on June 12, 2023, will not be issued on July 10, 2023, after all. Alabamians who had been hoping to be able to legally buy Alabama-grown medical cannabis by the end of 2023 are going to have to move that back considerably. The AMCC said that the stay will remain in effect until lifted by the Commission. Once the stay is lifted, the Commission will reconsider the award of licenses and provide a timeline for the payment of license fees, request for investigative hearings, and issuance of licenses. The University of South Alabama assisted the AMCC with scoring the applications. Alabama Today had been made aware of civil litigation that was likely coming over the award of the applications, with potential plaintiffs citing some of the perceived inconsistencies in the awards. Friday’s action by the Commission appears to be a proactive step by the Commissioners to get ahead of the courts on this. The Alabama Legislature passed, and Alabama Governor Kay Ivey signed, legislation in 2021, creating the AMCC. The AMCC was tasked with writing the rules for creating an Alabama medical cannabis industry and determining the criteria for businesses and farmers to be licensed to be involved in the industry. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Tommy Tuberville supports allowing cannabis businesses to access the banking system
On Wednesday, U.S. Senator Tommy Tuberville told reporters that he would vote in favor of the Secure and Fair Enforcement Banking Act (SAFE Banking Act) of 2023. The SAFE Banking Act is a bill that would prevent federal banking regulators from prohibiting or penalizing a bank from providing financial services to a state-sanctioned cannabis business. “Yea, I am a supporter of the SAFE Banking Act,” Tuberville said when asked by a reporter during his weekly press call. The legislation creates a safe harbor for financial institutions to provide services to licensed, state-legal cannabis businesses. “We need to get it passed, but the Democrats obviously control the Senate floor, and there is no way we can get it down there,” Tuberville said. “You know, a lot of them want to legalize marijuana entirely, which is a separate issue, but safe banking is about the access to basic banking service for businesses that are legal in the states where they operate. On Monday, the Alabama Medical Cannabis Commission approved 21 applications for entities to open legal medical marijuana businesses in the state of Alabama. None of those businesses will be able to bank with their neighborhood bank. Those businesses likely will not be able to write checks or use a debit or credit card. Alabamians with a legitimate medical need and a recommendation from their doctor for medical cannabis will likely have to withdraw cash from their accounts to take to the legal medical marijuana dispensary in order to buy their medical marijuana. The dispensary cannot legally bank that money. Criminals and street thugs also know that people about to walk into a dispensary will likely have hundreds of dollars on their person and that the dispensary likely has thousands of dollars in untraceable paper currency at the premises. “Under current federal law, banks and credit unions are not allowed to bank for legal cannabis businesses or businesses that provide services to legal cannabis businesses,” Tuberville explained. So we’ve got to protect people’s cash.” Tuberville said that this is a public safety issue. “I have been in contact with people from all over the country that have worked with cannabis over the last few years, and it is a major public issue of people storing cash in their businesses…..underground,” Tuberville said. “We have got to make it safer, and if it is going to be legal in the state of Alabama, which medical marijuana is headed our way, then we have got to make sure people are safe. That is what the Safe Banking Act is all about, but getting it on the floor…Senator [Chuck] Schumer is not very cooperative with Republicans, and so we will see what happens with that.” The bill was reintroduced in the House and Senate on April 26, 2023. Senators Steve Daines (R-Montana) and Jeff Merkley (D-Oregon) sponsored the legislation in the upper chamber, and Representatives Earl Blumenauer (D-Oregon) and David Joyce (R-Ohio) in the House. “Montanans should be able to conduct their small business without fearing for their safety,” Daines said in a statement. “Our bipartisan bill would provide the security and peace of mind that legal Montana cannabis businesses need to freely use banks, credit unions, and other financial products without a fear of punishment. This bill will help keep our Montana communities safe, keep crime off the streets, support Montana law enforcement and small businesses, and bolster local economies.” Tuberville was elected to the Senate in 2020. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Barry Moore votes in support of REINS Act which would reclaim lawmaking authority from bureaucrats
Congressman Barry Moore voted Thursday in favor of H.R. 277, the Regulations from the Executive in Need of Scrutiny (REINS) Act. This legislation would require every new “major rule” proposed by federal agencies to be approved by the House and Senate before going into effect. The REINS Act defines a “major rule” as any federal rule or regulation that may result in: an annual effect on the economy of $100 million or more; a major increase in costs or prices for consumers, individual industries, government industries, government agencies, or geographic regions; or significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. “In the first year of his administration alone, Biden added more than $200 billion in regulatory costs to our economy through rulemaking,” said Moore. “Biden and his army of bureaucrats are on a mission to enact their radical agenda without the consent of taxpayers. The REINS act would hold Biden and his bureaucrats accountable by forcing them to answer to representatives elected by the American people, and it also holds those representatives accountable by requiring them take a vote on how tax dollars will be spent.” H.R. 277 is sponsored by Rep. Kat Cammack (R-Florida). “The REINS Act is the single largest regulatory reform in decades and will save the American people trillions each year in compliance costs,” Cammack said. “It’s long past time we limit the rampant executive overreach that makes up the fourth branch of government and rein in the nameless, faceless bureaucrats in basements across Washington, D.C. I’m grateful to my colleagues for their support of this effort in seeing this bill past the finish line.” This bill reasserts Congress’s legislative authority and prevents excessive overreach by the executive branch in the federal rulemaking process. It would require every new “major rule” proposed by federal agencies to be approved by both the House and Senate before going into effect. The bill would also preserve Congress’s authority to disapprove of a “nonmajor rule” through a joint resolution. Michael W. Johnson is the President and CEO of the National Stone, Sand & Gravel Association. “Constantly changing and far-reaching federal regulations make it extremely complicated for our members to source and supply needed construction materials,” said President Johnson. “Recent regulatory actions from a host of agencies have led to higher construction costs and more difficult permitting conditions for the aggregates industry. The REINS Act will bring needed scrutiny to bureaucratic actions, providing a more effective and reliant regulatory process.” The National Education Association however opposes the bill. “These provisions are unnecessary as well as unwise,” wrote NEA Director of Government Relations Marc Egan. “The Congressional Review Act already allows Congress to halt implementation of regulations; it can also decide not to fund a program. Moreover, the separation of powers is fundamental to our Constitution: the legislative branch creates the programs that the executive branch implements through federal agencies. The regulatory process is neither simple nor quick—and that is at it should be. The process of formulating regulations, guidance, and rules for implementing federal programs must be informed by the voices of experts, practitioners, and impacted parties, as well as scientific data and other relevant information. In contrast, the REINS Act would facilitate halting or preventing action for any reason—or no reason at all.” H.R. 277—the REINS Act—passed the United States House of Representatives on Thursday 221 to 210. “I’m thrilled to see the REINS Act pass the House,” said Rep. Cammack. The bill now goes to the Senate where Senator Rand Paul (R-Kentucky) is the lead sponsor of the legislation in the Senate. Sen. Tommy Tuberville is a Senate cosponsor. “Under the Constitution, Congress is supposed to write our laws,” said Sen. Tuberville. “But the Biden administration keeps trying to run the country out of the White House. I’m not going to stand for that. This legislation would ensure that any regulation with a major impact on our country would go through Congress like the Constitution says.” The White House released a statement opposing the legislation. “The Administration strongly opposes passage of H.R. 277, the Regulations from the Executive in Need of Scrutiny (REINS) Act of 2023. Agency regulations execute legislation to grow the economy, raise wages, lower costs, reduce gun crime and make our communities safer, keep our air and water clean, promote safe and reliable transportation, and protect workers and families. The Nation faces serious challenges, and this Administration’s policy is to mobilize the power of the Federal Government to address those issues swiftly and effectively. Congress has explicitly charged Federal agencies with the responsibility and the authority to act, but the REINS Act of 2023 would undermine agencies’ efforts by inserting into the regulatory process an unwieldy, unnecessary, and time-consuming hurdle that would prevent implementation of critical safeguards that protect public safety, grow our economy, and advance the public interest. If Congress were to pass H.R. 277, the President would veto it.” Barry Moore is in his second term representing Alabama’s Second Congressional District.
