Bingo Saga Continues

After motions were filed last week by Sheriff Terry Surles, District Attorney Richard Minor and Attorney General Troy King, it now appears that Ashville is seeking to install electronic bingo machines.

Last week Surles, who publicly has stated that he would arrest anyone who operated the machines, sought to cancel out a motion filed by Attorney General Troy King that asked the Alabama Supreme Court to “recognized assumption of representation.”

In other words, King was trying to take the reigns from Surles and Minor, who have tried to stop the electronic bingo machines from being installed.

King was seeking for the high court to “recognize the attorney general as the sole legal representative of the appellants in this appeal.”

Surles’ objection to the attorney general’s notice of assumption stated that the attorney general “waived all participation at the trial court level because the State was represented in the matter by Minor.”

Surles and Minor have tried in court to prevent Ashville, the American Legion Post 170 and Shooting Star, LLC, from using the electronic bingo machines.

District Attorney Minor also filed a motion last week that stated that he was appointed by Governor Bob Riley to prosecute the case against the town of Ashville and Shooting Star, LLC, who were given the legal go-ahead to install electronic, charity bingo machines by Circuit Judge Charles Robinson three months ago.

Each of the motions by Surles, Minor and King were bundled together and a ruling is expected within a week by the Supreme Court to sort these matters out, according to sources familiar with the case.

In addition to the legal wrangling by the three law enforcement officials, the town of Ashville, the American Legion Post 170 and Shooting Star, LLC, have asked for a compliance order that would allow for the electronic bingo machines to be installed legally in northern St. Clair County.

The motion states:

“Plaintiff Shooting Star Entertainment Group, LLC, has taken great measures and spent considerable time and monetary resources to comply with specific terms and conditions of this Court’s March 30, 2009, Order regarding electronic and/or machine bingo devices.”

It also included a report from the gaming certification company, BMM Compliance, that said it showed “conclusively that Shooting Star Entertainment Group, LLC, has obtained the right to implement an electronic bingo system that complies with the Court’s March 30, 2009, Order, Amendment No. 542 and city of Ashville Ordinance No. 2008-011.”

At the court hearing in March, one of the disputed points brought up by Surles and Minor before Judge Robinson was the definition of electronic bingo when it was played on a machine rather than traditional card bingo, which has been played at the American Legion Post 170 for over two decades.

Robinson stated in his ruling that in addition to other specific requirements, the machines would have to be certified as being electronic bingo machines before they could be installed in the county.

One of District Attorney Minor’s contentions during all of the proceedings is that the electronic bingo machines were no different than a slot machine that displayed the result of a bingo game.

Ashville, the American Legion Post 170 and Shooting Star, LLC, have asked for an immediate hearing before Judge Robinson regarding the machines’ certification in order to make sure that “machines, devices, hardware and/or software can be brought into St. Clair County without threat of seizure and/or confiscation by [Surles and Minor].”

As of press time Tuesday, Robinson had not set a hearing date for the electronic devices.

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