In a sternly written opinion, the justices said that the electronic devices, which resemble slot machines, were not what was intended by state laws allowing card and paper type bingo games.
"Today's decision is the latest, and hopefully the last, chapter in the more than six years' worth of attempts to defy the Alabama Constitution's ban on "lotteries." It is the latest, and hopefully the last, chapter in the ongoing saga of attempts to defy the clear and repeated holdings of this Court beginning in 2009 that electronic machines like those at issue here are not the "bingo" referenced in local bingo amendments," justices wrote.
The state in 2013 seized 1,615 of the slot-like machines and $260,000 in cash during a raid at VictoryLand. However, owner Milton McGregor won a victory when Circuit Judge William Shashy ruled in 2015 that it was unfair to shut down VictoryLand when other casinos remained open. Shashy said the state should return the machines unless actions were taken against other casinos.
““Casino operators have argued the computerized devices play rapid-fire games of bingo and the spinning displays and chimes, which make the games resemble slot machines, are just for ambience
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The Supreme Court overturned Shashy and ruled that the state could keep the seized devices and cash. Alabama Attorney General Luther Strange praised the decision.
"The Alabama Supreme Court's ruling is abundantly clear that electronic bingo is illegal and repeated court challenges to the contrary will not change that fact," Strange said.
The state has been in a long-running legal dispute over the devices. Amendments to the Alabama Constitution allow bingo games in some areas of the state. Casino operators have argued the computerized devices play rapid-fire games of bingo and the spinning displays and chimes, which make the games resemble slot machines, are just for ambience.
The ruling against Victoryland comes as casino and lottery proposals have stalled in the Alabama Legislature. A Senate committee approved bills aimed at shielding VictoryLand and Greenetrack casino in Greene County from closure efforts. The bills attempt to write into state law that the casinos could have the same type of games as those at Indian casinos. The Poarch Band of Creek Indians, which is not under the state's regulation, operates similar bingo machines at three casinos on trial land near Wetumpka, Montgomery and Atmore. However, the bills face an uphill climb in the final weeks of the legislative session.
"Thank you again for being a part our continuous fight so that 2,000 people can go back to work and millions of dollars can come back to Macon County," Tuskegee Mayor Johnny Ford wrote in a letter to the bill's sponsor.