Significant moves related to gambling

Significant moves related to gambling

1901
Article IV, Section 65 of the Alabama Constitution of 1901 prohibits games of chance in the state. Because of this constitutional provision, the Legislature cannot simply pass laws that permit types of gambling. All legal gambling is allowed only by additional constitutional amendments. Also based on this constitutional provision, the Legislature passed the provisions of the Alabama Criminal Code that make gambling a crime.

1971
Pari-mutuel wagering at dog and horse tracks was found constitutional in Opinion of the Justices, 251 So.2d 741. The Alabama Supreme Court said while Section 65 of the constitution prevents the Legislature from authorizing a lottery, it does not prevent the Legislature from authorizing forms of gambling that do not constitute a lottery. There is a significant degree of skill involved in dog and horse racing and therefore it is constitutional.

1980
Bingo has always been considered a game of chance. In Act 80-431, Amendment 386 to the constitution, Jefferson County became the first county to authorize limited charitable bingo.

1980–2004
Since that time, there have been 17 additional constitutional amendments that permit bingo in one form or another in various counties and municipalities in Alabama.
1980 — Madison County
1982 — Montgomery County
1984 — Mobile County
1990 — Etowah County
1990 — Calhoun County
1992 — St. Clair County
1993 — Walker County
1993 — City of Jasper
1995 — Covington County
1996 — Houston County
1996 — Morgan County
1996 — Russell County
2000 — Lowdnes County
2000 — Limestone County
2002 — Town of White Hall
2003 — Greene County
2004 — Macon County (passed Legislature in 2003)

1990s
Numerous efforts took place to expand gambling through various types of legislation, such as video poker. These efforts failed.

2003
As a result of developing electronic technology that increased the potential for bingo gambling, bingo-related bills began to be introduced in the Legislature. Act 2003-124 (Amendment 744 for Macon County) was the major bill that passed (ratified in 2004).

2004
There continued to be a question about what is a game of skill and what is a game of chance since Section 65 forbids games of chance. In Ex Parte Ted’s Game Enterprises v. Ted’s Game Enterprises, 893 So.2d 376, the Alabama Supreme Court held that if chance is the dominant factor, then it is a prohibited game of chance. The court noted the history of Alabama was to make broad prohibition of games of chance and specifically noted that “bingo” was such a game that needed to be excepted from Section 65 by additional constitutional amendments.

Timeline provided by attorney Eric Johnston with additional reporting by The Alabama Baptist