October 26, 2009

Governor Riley Lauds “Common Sense” Ruling Declaring Jefferson County Slot Machines Illegal

MONTGOMERY - Governor Bob Riley today praised a Jefferson County Circuit Court ruling declaring so-called “electronic bingo” machines to be illegal slot machines. Judge Scott Vowell ordered the machines destroyed, saying they are slot machines “in every way that matters” under Alabama law.

“The message sent today is crystal clear,” Governor Riley said. “This is not bingo. These are slot machines, plain and simple.”

The ruling stemmed from a case brought by Jefferson County District Attorney Brandon Falls charging that a company was manufacturing illegal slot-machines in Kimberly, Alabama. The defendants, American Gaming Systems, argued the machines were not slots, but electronic bingo. That argument was struck down by Judge Vowell, who wrote:

“The Court is persuaded by overwhelming authority from other states, as well as common sense and the expert testimony of the State’s expert Bob Sertell, that the game played on AGS’s machines is not the ordinary game of bingo.

“Finally, the Court agrees with the State that even if the machines were playing an otherwise legal form of bingo, the machines themselves are nevertheless independently illegal because they are slot machines.”

Judge Vowell’s ruling also addresses the fact that organized gambling interests based the legality of their slot machines on a 2004 press release from the Attorney General’s office. Judge Vowell struck down that argument as well, writing:

“Although the Attorney General has issued a press release setting some parameters for determining whether electronic ‘bingo’ is illegal, that press release is not law and does not purport to set an exhaustive list of the game’s elements.

“Most critically, the game is not ‘bingo’ because it eliminates the requirement that players manually daub their own cards or call out ‘bingo!’ when they have won.”

The Kimberly ruling comes on the heels of Circuit Judge Robert Vance’s order today shutting down all casinos operating similar machines in Walker County.

Governor Riley said the court rulings show that Alabama law is not ambiguous when it comes to gambling.

“The law is clear,” he said. “Only organized gambling and their allies will tell you otherwise. They try to confuse the public and the press by clouding the issue. But ruling after ruling, we can see that what they’ve perpetuated is just a sham. The lies told by organized gambling and their allies are beginning to catch up with them. Our task force and courageous law enforcement across the state will continue to crack down on illegal gambling until it’s gone for good.”