Wise or Otherwise By George Thomas Jones
What a mess, What a mess, What a mess
I’m talking about this current statewide debate, confusion, ill will and other divisive actions revolving around the legality of electronic gaming machines, which the big gambling lords, job applicants and other monetary recipients are claiming to be legitimate “Bingo” machines.
Big questions being asked and still not satisfactorily answered for many State Government officials and citizens throughout the state are basically two-fold. First, are the machines legal according our State Constitution and secondly, what government agency has been formed to determine their legality? My limited research has not revealed the answer to either question. I have been told, however, that a judge in each of these seventeen counties has the authority to declare them to be legal
What a mess!
If you are wondering how this confused status came about, we need only to refer back to our 1901 antiquated, loosely worded and differently interpreted State Constitution which specifically “prohibits games of chance”. Note, however, that the writers failed clearly define the difference between “games of chance” and “games of skill”.
I don’t know whether there were any forms of Bingo played back in 1901. However, we do know that the game, itself, is not spelled out in the Constitution.
What a mess!
Thus, the whole issue at hand today rides on the validity of certain electronic machines being a “game of chance” or do they at least require a minimum amount of “skill”. My complete ignorance of the make-up of these machines prohibits me from making this kind of judgment.
It is evident, however, that Governor Riley and his Gaming Task Force, headed by John Tyson, Jr., has decreed that a number of these machines do not meet legal specifications, and thus official police action raids on gaming establishments are needed in order to uphold the law. For this action, I must applaud the Governor for upholding his pledge and duty to the people of Alabama for what he deems right in administering the law.
On the other hand, our State Attorney General, who is charged with upholding all of the laws of the state, differs with the Governor, and thus has not condoned these raids. In defending his position, his claim is that, until an arrest has been made and the defendant tried in court, no determination can be validated until the verdict is pronounced. (Side note: In none of the Anti-gambling Task Force raids thus far have there been any persons arrested.) Only machines have been taken into custody.) Attorney General Troy King has also warned that these raids have risked harm to both property owners and the general public and, if for no other reason, should be stopped.
Call it stubbornness or allegiance to duty, John Tyson steadfastly claims that a slot machine is a slot machine and, if money is either profited or lost they are a “game of chance” and therefore illegal according to the Constitution.
What a mess!
In case you are curious as to how these present Bingo Parlors are operating legally in the seventeen counties. It works this way. The Casino operators and others petition the State Legislature to amend the Constitution to allow the people of the county to vote in favor or against. Thus, each of the seventeen current amendments to the State Constitution represent the seventeen counties where the citizens of that county have voted in the affirmative.
There is one more big hurdle to jump before this issue can ever be settled. And that is, what is the true definition of “Bingo”?
In this regard, I have been told that the State Supreme Court has taken this under advisement and actually rendered a decision just this past week. I had hoped to get a copy from the local District of Attorney’s office, but was told that they have not received and official disclosure from the Court.
Hopefully, this decision will settle this issue once and for all. On the other hand, it might just open up a whole new can of worms. It will be interesting to see what happens.
What a mess!
Is there an answer that will satisfy the majority of the people?
I don’t believe that this issue will ever be completely resolved until the State Legislature passes an amendment allowing for statewide acceptance in accordance with the final interpretation of the law.
Since the people of the state expressed their disapproval of a state lottery as proposed by past governor, Singelman, I would have thought that Milton McGregor, the kingpin of gambling casinos in Alabama, would have been opposed to a state-wide vote. I am told, however, that he is lobbying for it, instead. Of course, since recent polls taken by his group reflect that seventy-two percent of the state favor legalized Bingo, I’m sure that has been all the incentive that he needed.
What a mess!