MONTGOMERY, Ala. — Republican state senators who blocked a bill to tax and regulate electronic bingo said Wednesday they have enough votes to stop a new version that they called worse than the original.

Sen. Roger Bedford, D-Russellville, tried to get the Senate to begin debate on his original electronic bingo bill March 3, but he needed 21 votes and only got 18. Opponents, including some Democrats, had 16 votes.

This week he came back with a new, simpler bill, but the opposition remained.

“We are confident we have at least our 16 — 12 Republicans and four Democrats,” Senate Republican Caucus leader Jabo Waggoner of Vestavia Hills said at a news conference.

Bedford said he will ask the Senate to address the bill “as soon as I can get 21 votes.”

His original bill specified 10 locations for electronic bingo casinos. The new version doesn’t say where electronic bingo casinos will be. If the Legislature passes the bill and if it is approved in a statewide referendum, then many details — including the casino locations — will be worked out by the Legislature and a state gaming commission.

Bedford said his new bill doesn’t promise anyone a monopoly and requires casinos to pay a minimum tax of 25 percent on the money left after paying winners.

“I don’t think they have any more votes than they had on the old version of the bill,” Sen. Del Marsh, R-Anniston, said.

But Republican Caucus members said the new bill is worse than the old one because it has no limit on the number of casinos, it allows casino operators to make unlimited campaign contributions to legislators, and it permits bingo machines to be played with one push of a button like slot machines.

“I don’t think they have any more votes than they had on the old version of the bill,” Sen. Del Marsh, R-Anniston, said.

While Bedford was hunting for votes for the bill, two casinos that had announced plans to reopen Wednesday postponed them. Country Crossing in Dothan and White Hall Entertainment Center in Lowndes County decided to wait while the courts determine whether the state attorney general can take over the Governor’s Task Force on Illegal Gambling and stop raids on casinos.

Both casinos have been closed nearly two months to prevent a raid by the governor’s task force.

Republican Caucus members said Wednesday they are not taking a position on the legal feud between the Republican governor and the Republican attorney general.

Bedford, a former Democratic candidate for attorney general, figures Attorney General Troy King has the lead in the legal fight.

“It would appear to me the attorney general is the top law enforcement officer in the state,” Bedford said.

(This report was written by Phillip Rawls of The Associated Press.)The Associated Press

In strong language dissenting from the majority of the court, Justice Tom Woodall criticized the opinion. He charged that his brethren had ignored past court decisions that left cases like the one involving VictoryLand to the jurisdiction of trial courts. In the VictoryLand case, the circuit court in Macon County had set a hearing for Friday, before the high court’s decision made that hearing moot.

“The court’s departure today from that practice is, in my opinion, unnecessary and, under the facts of this case, unfair to Macon County Greyhound Park,” Woodall wrote.

While the majority of the court found that a raid at VictoryLand and the seizure of its 6,000-plus electronic bingo machines would not pose “irreparable harm” to it, Woodall disagreed.

“Although its property would have to be returned, any such seizure would undoubtedly cause a loss of revenue, goodwill and business reputation, losses that VictoryLand could jot recover from the sovereignly immune state,” Woodall wrote.

Woodall’s strongest words were saved for last, when he criticized the majority opinion for casting a “cloud” over previous decisions by both the high court and lower courts involving the legality of various bingo operations.

“What has been an orderly process, I suspect, will soon resemble a three-ring circus,” Woodall wrote.

Chief Justice Sue Bell Cobb joined Woodall in the dissent.

By Chuck Dean
Source: The Birmingham News
February 04, 2010, 7:45PM

Three of the state’s larg­est casinos sat closed and dark Tuesday night as the Alabama Supreme Court prepares to rule on a mo­tion that could clear the way for the task force to try to seize machines at Macon County’s VictoryLand.

Riley has been criticized for his efforts to shut down the bingo casinos, but the governor said that was the easiest decision he’s faced in his seven years in office.

“This is truly whether you are going to enforce the law or you are going to let peo­ple who think they are so powerful and so wealthy that they don’t have to abide by the law win. This is not even a close call,” Riley said outside the Capitol.

Several Democratic legis­lators called on the Republi­can governor to end his ef­forts. Riley is wasting “hundreds of thousands of dollars at the time that the Great Recession is eating away at state revenue, and teachers and state employ­ees are looking at layoffs and furloughs.” said Sen. Quinton Ross, D-Montgom­ery.

Sen. Larry Means, D-At­talla, charged that Riley had endangered people by pull­ing many state troopers off the highways or other loca­tions for attempted raids last week at VictoryLand and Country Crossing in Houston County.

“This governor has put the safety of the citizens of this state at risk,” Means said. He called on Riley to apologize.

Casino employees have estimated more than 200 troopers were involved with the Friday morning raids, while the governor’s office has declined to give the size of the force.

3 operators close

Three of the state’s major bingo operators have shut down as the state Supreme Court prepares to rule — possibly as soon as today — on Riley’s request to over­turn a temporary restraining order that blocked the raid attempt at VictoryLand.

John Tyson, commander of Gov. Bob Riley’s Task Force on Illegal Gambling, is hopeful the high court today will clear the way for him to seize the more than 6,000 machines operating at Vic­toryLand.

“Right now, the fact is we are focused on Victory­Land,” Tyson said. “If we can shut VictoryLand down, if we can close down the largest and most important illegal gambling operation in this state, that should send a clear signal to the others that their time, too, is running out.”

VictoryLand halted gam­ing operations Monday night, a move the casino’s lawyer said was done to make upgrades to the sales system in the facility’s food and beverage operation.

The White Hall Resort and Entertainment Center in Lowndes County shut its doors Tuesday. Joe Espy, a lawyer who represents the business that provides the bingo machines at White Hall, said the casino closed because it didn’t want to put employees and customers at risk in the event of another raid. The task force raided the bingo hall last March.

Country Crossing, which operates 1,700 machines, has been closed since man­agers chained the doors two hours before state troopers arrived at the facility Friday.

Tyson said he had con­cerns casinos might be de­stroying evidence, even though he acknowledged he had no evidence to back up that claim.

“It defies belief that any such computer upgrades would require the closure of these casinos,” Tyson said.

VictoryLand lawyer Mark White of Birmingham called the accusation “silly.”

“Nothing has been done with the electronic bingo machines,” White said. “Once again the governor and Mr. Tyson are speaking without the facts.”

Nothing to witness

However, if the casinos are closed, it could make it difficult for the task force to proceed with raid efforts.

Tyson did not have search warrants when he sent state troopers to conduct the raids Friday. He said he didn’t need one if law en­forcement officers wit­nessed illegal gambling in progress. However, if there is no gambling to witness, the task force can’t enter the facilities without a search warrant.

“VictoryLand does recog­nize this action also re­moves our customers and employees from being placed in harm’s way as a result of Mr. Tyson conduct­ing another predawn raid without obtaining a search warrant.” White said.

Source: The Birmingham News
February 03, 2010, 9:18AM

The people of Alabama should have the choice whether electronic bingo should be regulated and taxed. Electronic bingo already exists in our state. The state attorney general has ruled that it is legal.

Tens of thousands of Alabama citizens have voiced their support for the “Sweet Home Alabama Plan,” a measure that will strictly regulate bingo operations and annually generate hundreds of millions of new tax dollars for our state. These tax dollars would be used to improve our schools, hire additional teachers and provide better health care for our uninsured children and senior citizens. The choice should be ours to make.

However, Gov. Bob Riley and the Mississippi casino bosses know “we the people” are capable of making this decision for ourselves and that the citizens of this state overwhelmingly support the Sweet Home Alabama Plan. Accordingly, the governor, under the casino bosses’ influence, has initiated a perverted campaign to deny the people the right to vote.

While the governor continues to brush off allegations of such influence, a recent editorial in The Birmingham News said, “Riley got at least a half million dollars during his 2002 gubernatorial race that surely looks like it came from a lobbyist for Indian casinos.” It appears the Choctaws in Mississippi were protecting their investments by trying to influence Alabama politics.

Riley claims the Sweet Home Alabama Plan will create a monopoly for gambling operators in Alabama. This is just another lie in his campaign to deny the people the right to vote. Clearly, a monopoly does not exist when 14 points of destination compete in the open market for entertainment dollars against each other. Additionally, the plan provides a method for other counties to adopt electronic bingo in the future if they so choose.

However, should the governor’s tainted efforts to abuse his office, deny the people the right to vote, limit free speech and unlawfully enter and seize property lead to the elimination of charitable electronic bingo, he will be guilty of creating a monopoly for the Poarch Creek Indians and their three Alabama casinos, which are exempt from state and local taxes.

Riley continues his campaign of lies in a newspaper article he authored by suggesting tax rates under the Sweet Home Alabama Plan will be the lowest in the nation. First, Alabama currently has the lowest gambling tax rate in the nation: 0 percent. Second, the 20 percent tax rate in the Sweet Home Alabama Plan is more than double the state gambling tax imposed by the three largest gambling states of Nevada, New Jersey and Mississippi.

The governor also ignores the fact we are surrounded by gambling states that are profiting off the backs of Alabamians. Tennessee and Georgia are paying college tuitions for thousands of students off the proceeds of regulated gambling. How many more out-of-state scholarships are we going to fund before we turn our attention to the needs of our students here in Alabama?

The governor rejects the significant economic development potential of the Sweet Home Alabama plan while using the same economic models to promote the benefits of other tourism enterprises. The plan creates tens of thousands of jobs, 14 tourist destinations across our state and will generate much-needed tax revenues to support our struggling local economies.
My new development in southeast Alabama, Country Crossing, will look like Mayberry USA — nothing like Las Vegas — but it will be an entertainment extravaganza. It will include celebrity-themed venues like George Jones Possum Holler Dinner Theater and Museum; Darryl Worley’s Worleybird Cafe and other venues by Tracy Lawrence, John Anderson and Lorrie Morgan. There will be an amphitheater concert series that will feature artists like Clint Black, Aaron Tippin and Marty Stuart.

Of course, there will be many shops, hotels and restaurants. You might even find yourself eating a steak next to the likes of Randy Owen. Later phases will include a family entertainment center and a water park.

I was born and raised in Alabama. My interest is in the entertainment industry, not bingo. But bingo can be the catalyst to make Alabama an entertainment destination.

A few years ago, Riley had no problem asking the citizens of Alabama to vote on the biggest tax increase in Alabama history, and the Alabama Legislature voted overwhelmingly to “let the people vote” on that measure. So why is the governor working so hard to prevent the people of Alabama from voting on the Sweet Home Alabama Plan? Is it politics or ego?

I believe it’s both. Call your state lawmakers and tell them to “let the people vote.”

Ronnie Gilley is president and CEO of Country Crossing and a member of the Sweet Home Alabama Coalition.

E-mail: ronnie@sweethomealabamacoalition.com; Web site: www.countrycrossingalabama.com

Montgomery, AL – Legislative Black Caucus members are not happy about the attempted raid at Victoryland last week. At today’s meeting one lawmaker said this about the attempted raid, “if you want to go around with a gun and put a sheriff’s badge on and threaten everybody in the state somebody’s gonna get hurt.” That statement shows there is no question members of the caucus are unhappy about they way the planned raid was carried out.  Democratic State Senator Linda Coleman says, “the governor did not have a search warrant he did not have all the paperwork that he needed, did not have a court order but you are still using the force of the state troopers. It conjured up memories of back in the 60’s where we were doing this to hinder a segment of the population.”

However the Governor’s office takes exception with that position. Spokesman Todd Stacy says everything the task force did was done within the limits of the law. Stacy says when a crime is being committed it is the right of law enforcement to act. Stacy says we have obey the rule of law and that is what the Governor believes.

Meanwhile whether or not the task force can raid Victoryland is now completely in the hands of the state Supreme Court. Both sides were told to file a brief with the court. Victoryland filed it’s brief against a raid and closure yesterday. The task force filed its brief to the contrary late Tuesday afternoon.

The doors to Victoryland are closed right now. Those at the casino say it is for a software upgrade to the computers as well as to finish some cosmetic repairs to the front of the main entrance. Whether the doors at Victoryland will open again for business may depend on the decision by the state Supreme Court which could come at anytime since both sides have made their case.

See the video of the news piece here

CHICKASAW, Ala. — Chickasaw officials took further steps Tuesday to open an electronic bingo hall at the city’s auditorium, just a day after Mobile County District Attorney John Tyson, who has said he would shut down such an operation, was named as the head of Gov. Bob Riley’s anti-gambling task force.

On Tuesday night, the City Council reviewed an amendment to an ordinance passed in July allowing electronic bingo in the city. Mayor Byron Pittman also said city officials have prepared a lease agreement with a Baldwin County company to operate 500 machines in the city.

“We feel the same way we’ve always felt,” Pittman said. “We’re not going to do anything illegal.”

Though the city did not vote on the amendment, Pittman said the company, M.S. Land Inc., was prepared to rent the municipal auditorium and install bingo machines there, along with a restaurant. He added that at least 14 charities had agreed to operate bingo in Chickasaw.

The amended ordinance would help the city comply with a November Alabama Supreme Court six-point test to determine the legality of electronic bingo machines. The ruling said that multiple players must compete against each other and mark their own cards.

“We had to change our ordinance to meet the criteria of the Supreme Court,” Pittman said.
Under the original ordinance, the city would have operated the hall, according to city attorney Jay Minus. With the amendment, charities would run the facility, he said.

Pittman said the amended ordinance states that bingo cards would be printed out. “Each square in a grid must be designated by a number or other symbol contained in a collection of numbers or symbols used for playing the game,” the ordinance states.

Councilman Henry Phillips, who was not present when the ordinance was passed in the summer, has said that he opposes electronic bingo in the city. On Tuesday, he voted against moving forward with the amendment.

The council is slated to vote on the amendment and the lease agreement with M.S. Land at its Feb. 9 meeting.

Source: The Mobile Press-Register
January 27, 2010, 7:30AM
By David Ferrara

January 27th, 2010 09:25am

by Eric Wright

MONTGOMERY — Gov. Bob Riley promised to help cash-strapped district attorneys who are trying to deal with bingo’s legal issues and he’s following through on the promise, a district attorney said Tuesday.

Although they’re getting financial help, district attorneys facing strained budgets want the expensive legal and political bingo issue that has been dumped on them to be decided by the Legislature and voters.

“It should be in the State House, not the courthouse,” Etowah County District Attorney Jimmie Harp said. “This issue needs to be explored fully, electronic bingo in Alabama.”

Harp said he and other district attorneys are spending resources and employee time on the legality of local bingo constitutional amendments and electronic bingo machines.

Harp said district attorneys’ offices are hurting financially so Riley’s office has been helping. A Riley spokesman said internal funds have been spent, but he couldn’t immediately determine the amount.

“When the task force was formed, Gov. Riley said this is a resource for local law enforcement,” spokesman Todd Stacy said. “Local law enforcement might not have the resources necessary, so part of the task force’s mission is to assist local DAs and local sheriffs with resources of financial and expert witnesses, legal counsel.”

Harp said he hired an expert for between $4,000 and $5,000 to determine whether electronic machines for a planned $200 million bingo casino in Etowah County are legal.

“The sheriff asked me to file a declaratory judgment action whether the machines they are bringing in are legal or illegal gambling devices,” Harp said. “I don’t think they meet the legal test.”

A source tells Legal Schnauzer that a rift has developed in the Alabama Republican Party between Governor Bob Riley and U.S. Attorney Alice Martin.

Evidence of the rift came from a peculiar column written recently by John Archibald of The Birmingham News. The piece, titled “So how did Collins avoid GOP censure,” ostensibly was about Jefferson County Commission President Bettye Fine Collins, who has been under fire from members of her own Republican Party.

Archibald noted that Birmingham lawyer Matt Lembke defended Collins before the Republican Executive Committee. And the columnist stated that both Collins and Lembke had been known to “carry water” for Gov. Riley and that Lembke had worked with Riley’s son, Rob Riley, on the bitter 2002 election contest that ended with a concession from incumbent Governor Don Siegelman.

Then Archibald dropped this curious piece of information:

“For what it’s worth, the County Commission on Jan. 20 voted to pay Rob Riley’s firm $725,000 to represent the sheriff’s department.

“For what it’s worth.”

Strange, very strange. Here was a decidedly conservative, pro-Riley newspaper taking a thinly veiled shot at the governor on an issue–his children receiving plum contracts under his regime–where he is vulnerable.

Our source says the Archibald column is another example of the extraordinary sway Alice Martin has over The Birmingham News. And it’s an indication that Martin is sending a threat toward the governor and his son.

Why would she do that? Our guess is that it’s because Martin is known to covet a vacant seat on the Alabama Court of Criminal Appeals. Despite her claims that she will cling to her U.S. attorney’s spot and force Barack Obama to fire her, Martin knows her days are numbered in the Justice Department.

That means she needs a new appointment–to avoid having to get a real job–and she wants Riley to appoint her to the vacant Criminal Appeals seat.

But our guess is that Riley is reluctant to appoint Martin because of the considerable baggage she has acquired in her eight years in the Bush Justice Department. After all, Martin is under investigation by multiple federal agencies.

Riley probably is concerned that if he appoints Martin, it could turn scrutiny onto him–and his own considerable ethical baggage.

Could Martin be threatening to reveal some of the Rileys’ vast dirty laundry if she does not get her way with the court appointment?

Stay tuned. The snakes are coiled up and hissing at each other. This could get fun.

Source: OpEdNews.com

By Roger Shuler