Alabama high court lifts deadline in bingo case

MONTGOMERY, Ala. — The Alabama Supreme Court has lifted a requirement that Alabama’s attorney general decide by Monday whether he would take over the governor’s efforts to shut down electronic bingo casinos.

The Supreme Court acted late Friday, shortly after a circuit judge in Macon County scaled back an order that had prevented the Governor’s Task Force on Illegal Gambling from operating in 66 of Alabama’s 67 counties. The judge’s revised order allows the task force to operate in every county except Macon, where Alabama’s largest electronic bingo casino is open.

“We are absolutely back in business again,” task force Commander John Tyson said Saturday.

A judge hearing litigation over the closed electronic bingo casino in Lowndes County had ruled March 8 that Attorney General Troy King had legal authority over the Governor’s Task Force on Illegal Gambling if he wanted to exercise it. Circuit Judge Robert Vance said King had criticized the governor’s efforts, but had stayed on the sidelines. He gave King until Monday to take a position on the task forces’ efforts.

At the request of the governor and task force, the Alabama Supreme Court unanimously issued an order late Friday putting Monday’s deadline on hold.

The court gave attorneys for the task force and White Hall Entertainment Center until April 2 to file legal arguments and then the justices will issue a ruling that could define the balance of power between the attorney general and governor on law enforcement matters.

White Hall attorney Bobby Segall said the attorney general should intervene and tell the Supreme Court where he stands because the authority of the attorney general’s office is about to be decided. “This is a last chance opportunity for the attorney general to take a position,” Segall said.

King, a Republican who is seeking re-election, said Saturday he was reviewing the matter.

Riley, a Republican who leaves office in January, recently held two private meetings with King to discuss what position he might take in court, but neither would comment on their talks.

The governor created his Task Force on Illegal Gambling a year ago to crack down on electronic bingo machines that he calls “illegal slots.” The unit has closed several gambling halls and caused others to shut down out of fear of being raided. But Victoryland in Macon County and Greenetrack in Greene County are open, as are three Indian casinos that are not regulated by the state.

In court, Tyson has argued that the governor has legal authority to enforce Alabama’s gambling laws when state and county prosecutors aren’t. His opponents have argued the governor and his task force are usurping the power of the state attorney general and county district attorneys.

A circuit judge hearing litigation over the task force’s attempt to raid Victoryland had issued an order March 5 that said the task force could only operate in Mobile County, where Tyson is the district attorney.

During a hearing Friday, Macon County Circuit Judge Tom Young scaled back his order to apply only to Macon County. On Monday, he plans to complete the hearing and decide whether to keep the order in effect for Macon County or lift it.

If the order remains in effect, Tyson said he will ask the Supreme Court to remove it.

Meanwhile, the Legislature returns Tuesday from its spring break, and some legislators are planning another attempt to pass a constitutional amendment that would tax, regulate and expand electronic bingo. They are planning to come with a smaller, simpler version of their original 43-page bill, which couldn’t muster enough votes in the Senate.

The Legislature has one-third of its 2010 session remaining.

Source: AL.COM

1. 

   johnny white says:

   March 21, 2010 at 3:47 pm

   Ill be so glad when this governor is out of office.I hope the people of Alabama see what this type of leadership has done to our state.I’m neither Democrate nor Republican I think I vote for the person and looking what Hunt did now Riley it will be very hard for me to vote Republican.I also remember seeing AG King walking thru Victoryland a few years back and saying the games were legal. I think the people of Alabama should have the right to vote on this issue. If it passes the we should regulate it and have taxes applied and go to help our school systems and general fund. Alabama need to wake up and at see what could be done to help this State.Every State that borders Alabama has some form of gambling,or we that stupid or do we just put stupid people in office to run state.