During a Feb. 1 hearing, Etowah County Circuit Judge Allen Millican gave prospective developer CBS Supply until Feb. 22 to deliver its slot machines, being labeled electronic bingo, to the district attorney’s office for inspection.
The ruling came after CBS Supply attorney Christie Knowles withdrew her motion for a summary judgment that there was no issue of fact based on an expert testimony that the machines complied with the law.
The hearing was held one week after attorneys representing Etowah Baptist Association (EBA) filed a motion to become a “friend of the court” in the case between District Attorney Jimmie Harp and CBS Supply. Harp is seeking a declaratory judgment from the court on whether or not the machines CBS Supply is attempting to bring into Etowah County comply with the law.
After the Alabama Supreme Court ruled Jan. 29 that Ashville’s electronic bingo ordinance was illegal, Etowah County Sherrif Todd Entrekin recommended to the County Commission that it review and modify its “charitable machine bingo” resolution to ensure it complies with the Supreme Court’s standards. The commission heeded Entrekin’s advice, and after a unanimous vote Feb. 8, it modified its standards.
There are currently no slot machine operations in Etowah County; however, CBS Supply and the County Commission have entered into an agreement to develop a piece of property close to Interstate 59, said Joshua Sullivan, one of EBA’s attorneys. “The court has made it clear, along with the district attorney, that this should be an open, public hearing and that the machines must be present,” he said.
A hearing to rule on the legality of the machines is scheduled for March 3. However, if CBS Supply fails to deliver the machines by the Feb. 22 deadline, then Millican said he will dismiss the case.
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