September 22, 2016
By Editor Bob Terry
The Alabama Baptist
If there was ever a business that thumbed its nose at the unanimous rulings of the Alabama Supreme Court it is Milton McGregor’s VictoryLand gambling hall in Macon County. Unfortunately, McGregor is likely to get away with his contemptuous actions because of a shameless executive order by Gov. Robert Bentley.
In March the Alabama Supreme Court ruled against McGregor and VictoryLand in a case involving state custody of more than 1,600 electronic bingo gambling machines seized in an earlier raid. The Court wrote, “This decision is the latest and hopefully the last chapter in the more than six years’ worth of attempts (by McGregor and VictoryLand) 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’ reference in local bingo amendments.
“All that is left is for the law of this State to be enforced,” the Court declared.
In an earlier case the state Supreme Court was as clear as possible about electronic gambling machines and bingo. The Court found, “The game traditionally known as bingo is not one played by or with an electronic or computerized machine, terminal or server but is one played outside of machines and electronic circuitry.”
Making good on promise
Less than a week after the Court issued its ruling McGregor showed his disdain for the Court and Alabama law when he announced he would reopen VictoryLand by late summer. On Sept. 13 he made good on his promise, personally greeting gamblers who came to play the 500 slot machine-like terminals with names such as Bustin’ Vegas, Wild Billy Jackpot and Paydirt.
To no one’s surprise Macon County Sheriff Andre Brunson seems to be protecting McGregor. Brunson, whom McGregor called “the only person on this earth that can establish the rules and regulations of electronic bingo in Macon County,” earlier said, “Any person seeking to interfere with the operation of bingo games in this county will have a legal issue to deal with from my office,” according to the Montgomery Advertiser.
Long-held position
Apparently the Macon County sheriff, who has approved McGregor’s new video gambling machines, can thumb his nose at the Alabama Supreme Court too.
Alabama Attorney General Luther Strange issued a statement following McGregor’s reopening. Strange restated his long-held position that electronic bingo is illegal in the state. A year ago Strange might have acted to stop this illegal gambling. Now his hands are tied.
When he and Bentley were first elected, Bentley authorized Strange to lead state efforts to stop illegal gambling. Strange responded with methodical legal actions that resulted in clear legal decisions outlawing electronic gambling.
Based on those decisions he acted to close down VictoryLand, Greenetrack in Greene County and other illegal gambling sites.
Just as victory against illegal gambling seemed within reach, Bentley issued an executive order that resulted in mid-September’s disgraceful scene of McGregor flaunting the unanimous decisions by the Alabama Supreme Court. Likely others will follow McGregor’s lead.
In November 2015, Bentley unexpectedly removed Strange from leading state efforts against illegal gambling. Bentley said state law enforcement would only respond to “requests of local officials.” With the stroke of a pen, Bentley gave victory to the gamblers.
In some counties in Alabama there has been an elaborate legal dance going on for years. County officials — sheriffs, district attorneys and some judges — side with the gamblers. They purposely impede state efforts to close down gambling sites — even brag in print about the obstacles they create.
Then it is the attorney general’s turn. He works around the impediments, often appealing local rulings all the way to the state Supreme Court. There he wins and takes action. Then the dance starts over again.
This complicated dance is well known. That is what makes Bentley’s ruling so shameful. It has all the trappings of a deliberate decision to side with the illegal gambling crowd. No one would have ever thought this former Baptist deacon and Bible teacher would make such a decision but he did.
Now Strange can only say, “If local officials are … facilitating illegal activity then I expect the governor to take action. I stand ready to work with the governor and the Alabama Law Enforcement Agency to stop illegal gambling and other crimes.”
This is exactly the situation we predicted almost a year ago when Bentley issued his unfortunate directive.
The governor has once again found himself in a dilemma of his own making. He must either retract his 2015 directive removing Strange from enforcing the state’s illegal gambling laws or he must take responsibility for allowing the unanimous decisions of the Alabama Supreme Court to be mocked by the self-serving interests of McGregor and company.
This issue is bigger than illegal gambling. It strikes at the core of a lawful society. If McGregor and other illegal gamblers are allowed to mock the Alabama Supreme Court and issues of settled law, what will happen next? Where will this downward spiral end?
‘All that is left’
Even if Bentley favors illegal gambling he must act in the interest of supporting a law-abiding society.
Surely the governor of the state of Alabama will not become a part of publicly flaunting the decisions of the Alabama Supreme Court. Surely Bentley is a better man than that.
As the Supreme Court said, “All that is left is for the law of the State to be enforced.”
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