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Jefferson County: When Jefferson County District Attorney Brandon Falls ordered electronic bingo gambling facilities in his district to shut down by Nov. 1, he expected a fight. Within days, about 15 charity organizations operating the “casinos” filed a lawsuit for a temporary restraining order against Falls seeking to stay open.
According to Jefferson County Deputy District Attorney Joe Basgier, Birmingham attorneys Earl Hilliard and Erskine Mathis argued many points on the charities’ behalf during hearings in Judge Caryl Privett’s court, but they soon conceded on them all. This leaves what Basgier calls “the meat of the case” — which electronic bingo gambling machines are legal and how they should operate.
“The lawyers for the charities argued that Local Act 80–609, which spells out how the game of bingo should be played in Jefferson County … is illegal,” Basgier said.
Although Judge Scott Vowell already reviewed the act and ruled it legal this year, Basgier said other judges in the county are not required to follow Vowell’s lead. Still Basgier expects a positive outcome in the case.
“It’s (Vowell’s ruling) persuasive,” he said. “I think the Jefferson County judges like to have judicial conformity on these issues.” Privett is expected to rule on the case soon.
House of Joshua Community Christian Church: House of Joshua Community Christian Church is now suing the city of Birmingham for damages since it believes city officials led the organization to believe they would be allowed to play electronic bingo games in the area.
Kim Davidson, an attorney for the Mobile-based charity, said the church had to meet certain criteria before submitting an electronic bingo gambling permit application and paying $2,500 to the city. She said the organization spent nearly $1 million renovating a former car dealership in Roebuck to house the electronic bingo gambling business before the city repealed its electronic bingo gambling ordinance Oct. 27. Davidson said the church was also required to have a lease on the property before applying for the permit. The lease agreement costs the church $17,000 per month, she added.
At one point during a Nov. 17 hearing in Judge Caryl Privett’s court, House of Joshua attorneys argued the organization had a valid electronic bingo gambling permit and attempted to temporarily restrain Sheriff Mike Hale and District Attorney Brandon Falls from shutting down their electronic bingo gambling business proposed for the Roebuck area. But Privett said there was “very little likelihood of success” in that effort since a municipality can rightfully repeal its ordinances, thereby making the permits issued under that ordinance invalid. Hale and Falls were then dismissed from the case.
The Birmingham News quoted Scott Gilliland, another attorney for House of Joshua, saying his clients still planned to open under the “city’s original bingo ordinance and offer electronic bingo machines that fit the definition of bingo” found in the Alabama Supreme Court’s recent ruling.
“We believe as long as the game we’re playing has those six characteristics, we can legally play bingo in Birmingham,” Gilliland reportedly said of the Supreme Court’s description of traditional bingo, which is legal in 16 counties and two cities in the state.
Davidson said she assumed the church would want to continue the case, but they had not applied for a new permit under the existing ordinance. “We’ve advised our clients to apply,” she added. “We will only bring in what will pass muster.”
Deputy District Attorney Joe Basgier said, “These people are desperate to protect an opportunity to make money.”
Bessemer: The Bessemer City Council fired attorney Edward May II as its lead attorney in a “consolidated” court case to determine the legality of electronic bingo gambling machines and operations in the Bessemer Cutoff area of Jefferson County. Council President Earl Cochran, who also heads the council’s bingo committee, cited a conflict of interest after May II attended a press conference against electronic bingo gambling called by his father, Mayor Edward May.
The mayor said he believes the council never intended to let his son do anything more than file a motion to intervene on behalf of the city. Since the mayor vetoed two ordinances passed by a majority of the council, he said the move to use his son’s legal services was “purely political.”
“I believe somebody thought they could cause division between my son and me,” the mayor said. “I think somebody thought I would relinquish my position (against electronic bingo gambling in the city) because he is my son. … Maybe they thought my son could persuade me to back off, but he knows his daddy’s position.”
During a Nov. 24 meeting, four City Council members passed a resolution to replace May II with Birmingham attorney Kim Davidson. Four days prior, Davidson told the council bingo committee she is “well-versed in bingo.” Davidson said she has been involved with electronic bingo gambling litigation for the past six months currently representing the House of Joshua Community Church which is suing the city of Birmingham to operate their proposed electronic bingo gambling facility (see story this page).
A majority of Bessemer City Council members also passed a resolution to create a special account to receive bingo fees from organizations currently operating electronic bingo gambling facilities in the city. Cochran, along with council members Dorothy Davidson and Louise Alexander, said the fees referred to were based on the last electronic bingo gambling ordinance passed by the council. They said they believe the ordinance is still valid, despite the mayor’s veto.
Alexander said one of the bingo operators tried to renew an electronic bingo gambling application and pay fees to the city but was refused.
As council members debated the issue, city attorney Aaron Killings said, “Let me just clarify, the city of Bessemer does not have an electronic bingo ordinance in the first place. This offer to pay license fees and machine fees is just an attempt to legitimize an operation that is not legal in the city of Bessemer. That place is open simply because there is an injunction allowing (it to be open). … We have no electronic bingo ordinance, and we can not accept those fees.”
Both Killings and May warned council members that by collecting fees where there is no provision requiring payment they “may be committing a criminal act.”
Council attorney Greg Harris disagreed but would not say whether he thought the city had an electronic bingo gambling ordinance.
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