Etowah Baptists are holding their ground against county commissioners and two bingo operating companies seeking to bring electronic bingo gambling to the area. What began as a group of Christians united against “illegal” gambling has escalated to an Alabama Supreme Court case, and the white flag of surrender is nowhere in sight.
“We feel like we are David fighting Goliath, but we all know how that turned out,” said Gary Cardwell, director of missions for Etowah Baptist Association (EBA).
The battle began last summer when Etowah County commissioners passed new bingo regulations with plans to approve a 35-acre entertainment complex with as many as 5,000 machines. The new rules also gave commissioners the right to issue bingo permits in certain cases instead of the sheriff, who normally handles this responsibility.
But when appeals to the commission “fell on deaf ears,” Cardwell and his Etowah Baptist troops acquired the services of Gadsden attorney Josh Sullivan and prepared for a legal battle.
The local enabling legislation passed by state legislators — which further explains the constitutional amendment that allowed charity bingo in Etowah County — defines bingo in that county as “that game commonly known as bingo” and played on “a card or paper sheet,” Sullivan said. Because of this legislation, “it is our position that the type of video or electronic bingo being proposed by the county commission isn’t permissible.”
Since the constitutional amendment itself does not specify the type of bingo legally allowed in Etowah County, Sheriff Todd Entrekin filed a lawsuit in the Etowah County Circuit Court for a declaratory judgment to determine which law he should follow in issuing bingo permits. Defendants in the case — locally based Coosa Entertainment Group LLC and CBS Supply LLC, which is believed to be a South Carolina-based company — were both vying for a special permit to bring electronic bingo gambling to the county.
Less than 10 days later, Etowah Baptists got involved in the case but were told by the court they did not have legal standing to be involved.
“There are several (Etowah Baptist) churches located in close proximity to the proposed bingo location off Interstate 59 and Pleasant Valley Road,” Sullivan said. “It is our position that we represent these 90-something churches and that we do have standing.”
And Etowah Baptists plan to stay active in the case, which is now in the hands of the Supreme Court justices.
“Despite the fact that the sheriff claimed to be seeking guidance as to the fact that he had to follow the constitutional amendment, all of the interested parties including the developers argued throughout the proceedings that there was a contradiction and that the local enabling act wasn’t constitutional,” Sullivan said. “Now those same parties claim that the judge did not address the constitutionality of the local act. It is the position of the EBA that you can’t separate the two.”
Attorney General Troy King also says electronic bingo is illegal.
Although he was not formally notified nor was he made a party in the circuit court case, King released an official opinion Sept. 19, 2008, stating that electronic bingo gambling is illegal in Etowah County.
“Absent the passage of a new constitutional amendment or new legislation, the Etowah County Bingo Act limits bingo in Etowah County to paper bingo, not electronic,” the opinion states.
Nevertheless the circuit court ruled that the sheriff was to follow the constitutional amendment, but the court did not address the local act.
“The county commission and the developers treated the trial court’s order as being the approval or green light for electronic bingo,” Sullivan said. “You can’t get to that issue without addressing the local act.”
Unsatisfied with the court’s ruling, Sullivan and his group appealed to the Alabama Supreme Court.
“We filed an appeal on Oct. 31, 2008, that we did have standing and should have been able to intervene in the initial case in the circuit court,” Sullivan said.
“The second issue is that the court lacked jurisdiction to hear the case because the attorney general was not given proper notice as required by law. … Because of that, the court lacks jurisdiction to rule on the constitutionality of the local law that narrowly defines bingo.
“The third issue is the overall issue — that pursuant to the constitutional amendment as in the local act — that this type of bingo is not illegal,” he said.
Former Alabama Supreme Court Chief Justice Roy Moore also submitted a brief as a friend of the court citing his belief that the Etowah County Commission’s regulations are illegal.
“This Court has refused to be fooled by gambling schemes of the past that attempted to whitewash their illegal operations with the rubric of legitimate gaming,” the brief states.
“The complex, computerized, casino-like gambling approved by the Etowah County Commission in this case makes a mockery of the commonsense understanding of ‘bingo’ and Alabama’s anti-lottery laws.”
As it stands, the Alabama Supreme Court has (as of March 4) all information necessary to make a ruling in the matter, Sullivan said, noting it could take five to seven months to get one.
And while the groups involved in the case are at a legal standoff, Bruce Word, senior pastor of CrossPoint Community Church, Gadsden, in Etowah Association, said gambling opponents have not backed down.
“I have met with our sheriff in Etowah, and he has given me his word that he is not going to issue any permits in Etowah County unless he is court-ordered to issue any permits,” Word said.
“Like the attorney general has said if anybody brings a bingo video gambling machine in Etowah, he (the sheriff) will arrest them. I am encouraged by the stand that our sheriff has taken and the governor has taken and that people are finally seeing that the constitution strictly prohibits electronic gambling.”
As of now, Sullivan said “there is no electronic bingo being played in Etowah County.”
Still Word believes many people are looking for a quick fix for the county’s economic woes by turning to electronic gambling.
“They are looking for a stimulus package that is going to destroy our county instead of help us,” he said. “It’s just another dagger in the moral fiber of our communities. Those people that are in favor of that can use any kind of excuse for how it will help us, but two wrongs never make a right. You can’t tax something that God said is wrong and our constitution says is wrong and make that a right.”
Citing 2 Chronicles 7:14, Word added, “We need to stop depending on the god of gambling and turn to the one true God and ask Him to meet our needs.”
He hopes others will get involved in the fight.
“This is not a Baptist battle,” Word said. “This is a battle for all denominational lines and for Christian brothers and sisters at large to rise up and take a stand.”
Share with others: