While Alabama Senator Gerald Dial, D-Lineville, has repeatedly denied his support of adult video gambling arcades, a former business partner’s court testimony implies otherwise.
Don McKay, owner of a video gambling arcade in Talladega, recently testified during a court case that Dial, a member and former active deacon of First Baptist Church, Lineville, encouraged him to get into the business.
McKay, who owns the now closed 21 Arcade, told Talladega District Attorney Steve Giddens that Dial gave him advice on the arcade business. According to court testimony McKay said, “Dial got me into this. He told me he knew of a good way for me to make money,” McKay said. “He told me there was a bill to kill it, but if that bill did not succeed, I would be OK for at least two years. He never told me it was illegal, and he never told me to stop.”
Giddens, who along with most district attorneys across the state has ordered the suspension of the devices, said he was sued by McKay for closing the arcades. McKay requested a temporary injunction to continue operating his business until a formal ruling was made by the Alabama Supreme Court.
McKay made his statements about Dial during questioning by Giddens at the injunction hearing held before Circuit Court Judge Julian King.
‘Lucrative’ business
Giddens said during a conversation he had with McKay prior to the injunction hearing that McKay said Dial had told him the arcade business could be very lucrative.
“I was infuriated that I was being sued for shutting down the arcades and also because McKay was trying to pass these machines off as being games of skill,” Giddens said.
Giddens said he called Dial to ask if he had encouraged McKay to get into the arcade business. “Dial denied it,” Giddens said. “[Dial] said McKay was a liar.”
An attempt to get a response from McKay about Dial’s accusation was made, but he could not be located.
Giddens said Dial claimed he advised McKay that the machines were illegal. This prompted Giddens to question McKay about Dial under oath.
Dial told The Alabama Baptist that his only business affiliation with McKay dealt with an apartment building years ago, but he has known McKay all of his life.
Dial, a member of the Legislature since 1974, said he did have a phone conversation with McKay sometime during the 2001 Legislative session and he mentioned the video arcade bill (Senate Bill 261) he was sponsoring. The legislation would allow for up to four machines per business location.
Dial’s bill would have also allowed for the four dog tracks in Alabama to house an unlimited number of video gambling devices that could pay out in cash instead of gift certificates worth $5 in value. Dial readily admitted that he had been approached by lobbyists of the dog tracks. He said they voiced their support of the bill, if he would include a segment in the bill allowing the dog tracks to house cash-paying machines.
Senate legislation
Dial said that during the conversation McKay said he was thinking about opening an arcade business. According to Dial, S.B. 261 already had passed the Senate and was up for vote in the House of Representatives when he and McKay talked. “I was joking with him when I told him if the bill didn’t pass he could make a lot of money if he opened an arcade,” he said. “I really thought the bill would pass,” he added.
During the 2001 legislative session, Dial’s bill did pass the Senate but was defeated in the House.
In a May 21 interview with The Daily Home, (Talladega) Dial was quoted as saying, “I wasn’t advising [McKay], I was just pointing something out.”
And regarding the two-year time period McKay said Dial referred to, McKay said, “I didn’t tell him that myself, but someone did say an attorney general’s case would probably take that long to resolve. I believe it’s already been one year, so it may take longer than that. Right now, some counties are letting these arcades operate and some are shutting them down. A lot of sheriffs, I think, are closing them down because it’s close to election time.”
Dial blames the arcade problem on the “Chuck E. Cheese law,” the controversial 1996 law that allows for the playing of adult video gaming devices if skill is required for a successful play of the game.
Dial was one of 20 senators who voted for passage of the bill after it was vetoed by then governor Fob James. “The only way to resolve this is to have a legislative change or have it go to court,” Dial said. “I would like to get rid of them [gambling devices] everywhere.”
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