It took all year but Jefferson County Sheriff Mike Hale’s instinct that sweepstakes gambling via electronic machines was illegal in Alabama finally found its muscle.
The Alabama Supreme Court ruled Dec. 1 that the casino-style Quincy’s MegaSweeps gambling operation at the Birmingham Race Course is indeed illegal.
But it wasn’t an easy road for Hale nor is he making any definite future plans until the 8–0 ruling is officially on the books.
“While we are extremely happy that the Supreme Court’s ruling supported the actions we took on these machines, it would be improper to comment further until the appeals process is complete and there is final resolution,” Hale said.
Race course owner Milton McGregor had 14 days from the time of the ruling to request a new hearing. At press time, there were no reports about whether the court would be reconsidering its decision.
But it was Hale’s original move a year ago that brought the Supreme Court to this point, said Dan Ireland, executive director of Alabama Citizens Action Program.
In December 2005, Hale confiscated hundreds of video gambling machines from the race course, just days after McGregor debuted them. McGregor, in turn, sued to recover his machines.
The gambling devices, resembling slot machines, were deemed sweepstakes machines.
But this is unconstitutional, Ireland explained. “They were skirting the law, trying to get gambling the way they wanted it. The only sweepstakes law we have is mail-order sweepstakes.
“If the sheriff had not confiscated those machines, we never would have had a case to start with,” he said.
Stating at the time that it would prove to be “a defining moment for gambling in Jefferson County and possibly throughout the state,” Hale said he believed the case could change gambling laws forever in Alabama.
But Circuit Judge Scott Vowell ruled the machines legal Jan. 31 due to a loophole in Alabama’s gambling laws. McGregor was allowed to reopen his operation, even though Vowell described the operation as a “sham” in his 17-page opinion.
Jefferson County District Attorney David Barber took seriously the comments made by Vowell and appealed the case, leading to the most recent ruling, Ireland said.
“All of us are indebted to Mike Hale and David Barber for pursuing this,” he noted. “We now have an 8–0 decision (against the machines). … I feel that with an 8–0 decision that it’s not likely they will change their opinion from what they’ve already rendered.
“Maybe, just maybe, this will stimulate some reaction from the Legislature,” Ireland said, noting Gov. Bob Riley plans to resubmit his legislation deeming all electronic gambling machines illegal in the state. The next legislative session opens March 6.
At press time, it was also unclear how this ruling would impact video gambling in general in the state. Cullman and Calhoun county officials were already making changes about the gambling businesses in their areas. Many operations shut down voluntarily.
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