DA Minor Raises Stake In Bingo Case

Published 4:22 pm Thursday, February 12, 2009

St. Clair County District Attorney Richard Minor recently filed a motion to intervene in a civil case concerning the use of electronic bingo machines in the county.

Last month the city of Ashville filed a complaint in St. Clair County Circuit Court to get a declaratory judgment for their “Machine Bingo Permit.” The city has already approved an ordinance allowing electronic bingo in the city limits. “Allowing the District Attorney of St. Clair County to intervene will neither delay nor prejudice the adjudication of the rights of the original parties. No substantive proceedings have taken place in this action, so the motion to intervene is timely,” Minor wrote in his motion to intervene.

American Legion Post 170, the city of Ashville and Shooting Star Entertainment Group, LLC, who applied for a license to launch a machine bingo facility, are all defendants in the case.

Minor asked the court to permit him to join St. Clair County Sheriff Terry Surles, who was named in the original complaint and has stated he would arrest anyone attempting to operate an electronic bingo machine in the county. The original complaint asked the court determine if Ashville’s city ordinance is in compliance with Amendment No. 542 of the Alabama Constitution. The complaint states that St. Clair County citizens amended the Alabama Constitution, Amendment No. 542 to legalize bingo in the county. “The operation of bingo games for prizes or money by certain nonprofit organizations for charitable, educational or other lawful purposes shall be legal in St. Clair County,” the complaint reads, “subject to the provisions of any resolution or ordinance by the County governing body or the governing body or the governing bodies of the respective cities and towns within their respective jurisdiction as provided by law regulating such operation.” The complaint also says that the amendment in question states, “The said governing bodies shall have the authority to promulgate rules and regulations for the issuance of permits or license and for operation of bingo games within their respective jurisdictions…”

The Ashville City Council, establishing rules and regulations for the use of “charitable” machine bingo in the city, approved Ordinance 2008-0011 in late December.

Minor’s motion says bingo can be played only on cards and that electronic machines are basically transformed slot machines. “Although the conduct of ‘bingo,’ within certain specified parameters, is authorized in 16 counties (including St. Clair) and two municipalities, by local constitutional amendments, in St. Clair County bingo is defined under Act No. 93-687 as ‘that game commonly known as bingo where numbers on a card are matched with numbers or symbols selected at random.’ Card is defined as ‘a flat, stiff piece of paper or thin paperboard suitable for writing or printing….’” Minor wrote in the motion to intervene. “Consistent, however, with the strong public policy against lotteries and other illegal gambling in this state, the term ‘bingo’ in this amendment, and in any local ordinances adopted pursuant to the amendment, must be construed to allow nothing more than ‘the game commonly known as bingo.’”

Minor’s motion also says Ashville’s ordinance authorizing electronic bingo does not excuse charity bingo operators from the state’s criminal laws. “Regardless of what type of machine bingo is played, if the activity is played on a ‘slot machine’ or a ‘gambling device,’ it is illegal in Alabama because possession of such machines and devices is prohibited in all 67 counties…including St. Clair County,” the motion reads.

Friday, Feb. 20, a hearing is scheduled before St. Clair County Circuit Court Judge Charles Robinson.

In related bingo news, an anti-gambling rally will be held at Bethel Baptist Church on Monday, Feb. 16 at 7 p.m. The church is located on Hwy 411 between Moody and Odenville. Curry Harris, pastor of Cool Springs Baptist Church in Ashville said a group of St. Clair County pastors set up the rally. “We have invited state and local leaders to the rally and we hope to have 800 people there. Anyone who is concerned with gambling in our county is invited to attend,” Harris said.