Two of the state’s highest attorneys exchanged words Feb. 17 in separate press conferences regarding recent actions taken by the Governor’s Task Force on Illegal Gambling.
Attorney General Troy King disagreed with the task force’s efforts to shut down illegal slot machine gambling operations around the state and said he may decide to “superintend” and take over — but not “yet.” He wants the governor to request and await a declaratory judgment from the Alabama Supreme Court to determine the legality of slot machines, which he considers “electronic bingo.”
Task Force Commander John Tyson called King’s actions “a delaying tactic.”
“Delaying allows a few people to go on breaking the law and get away with it while the rest of us obey the law,” he said. “That is neither fair nor right.”
Tyson added, “The Supreme Court of Alabama has ruled twice in just four months that these illegal slot machines are not bingo. … The criminal law of Alabama is crystal clear. Slot machines are illegal no matter what name you call them. Alabama law clearly states that if it accepts money and dispenses cash-value prizes based upon any elements of chance, then it’s an illegal slot machine. … There is no question these machines do exactly that.”
Calling the raids “controversial” and “irresponsible,” King referred to a potential standoff between the task force and men who may be deputized by Greene County’s sheriff to prevent a raid on the Greenetrack casino. Then King spoke indirectly about previously attempted raids on Houston County’s Country Crossing and Macon County’s VictoryLand casinos.
“This situation was unnecessary and cannot be tolerated,” he told a room full of reporters. “The safety of law enforcement officers and even the general public cannot be so recklessly put at risk. Yet out of deferential respect for the governor, assuming direction over Mr. Tyson is not an option that I am prepared to exercise — yet.”
King encouraged the task force to “correct its ill-advised and dangerous course” and “implored” Riley and Tyson to implement a three-step plan:
- Immediately file simultaneous and expedited actions seeking declaratory judgments in Greene, Houston, Lowndes and Macon counties over the question of whether those counties’ amendments, enabling statutes, local rules or regulations and ratification debates permit electronic bingo in those jurisdictions.
- Take steps in civil courts in Greene, Houston, Lowndes and Macon counties to determine whether sufficient evidence exists to keep these closed facilities closed and to close others.
- Not risk harm to law enforcement or the public with further warrantless raids and allow the district attorneys to enforce the criminal laws in these areas.
King said if Riley, his “mentor” and “friend,” does not heed his advice, he will have “no choice but to re-evaluate.”
Tyson said the task force is not going to stop “upholding the criminal law.”
“I was appointed by the governor of the State of Alabama to do this work,” he said. “The task force is taking its direction from the governor. The attorney general knows what his powers are, and he basically announced today that while he was going to give advice, he was not going to do anything. So the work of the task force will go on.”
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