Attorney General Troy King said in a press release yesterday that the raid on VictoryLand by Gov. Bob Riley's Task Force on Illegal Gambling was the incorrect approach to solving the state's issue with gambling.
King said Riley and the Legislature should allow citizens to vote on gambling.
The Alabama Supreme Court has never made a definitive ruling on the legality of electronic bingo, King said.
"As recently as Nov. 13, 2009, the Supreme Court expressly stated that the question of the legality of electronic bingo in Alabama had not been brought before it, and, therefore, they were expressly declining to answer it."
King said the raid on VictoryLand was inappropriate.
"I have never seen a more ill advised and reckless approach to a legal issue than the current approach now being undertaken by the governor's task force," King said. "Rather than moving quickly in a court of law to obtain the answer, the task force has regrettably chosen drama, intimidation and force."
King said Riley and the task force have ignored laws, such as equal enforcement of the law, equal protection of the law and due process under the law by raiding VictoryLand.
"I am duty bound to inform the governor when it is the legal opinion of this office and its lawyers that his actions are questionable or potentially expose our state to devastating liability," King said.
King proposed Riley implement a three-step plan to rectify the problems the raids have caused.
First, John Tyson, commander of the task force, should seek declaratory judgments in several counties to find out if electronic is permitted in each county's constitution, King said.
Second, Tyson and the task force should determine whether sufficient evidence exists to keep gambling facilities closed and to close others, King said.
"Third, in light of the fact that we anticipate these facilities will abide by court instructions, Mr. Tyson should not risk harm to law enforcement or the public with further warrantless raids," King said. "The elected district attorneys in the various circuits can continue to enforce the criminal laws there."
Todd Stacy, governor's office press secretary, said Riley relied on King to interpret gambling laws.
"It wasn't until 2008 until our legal experts realized that not only was this stuff not bingo, it fit squarely under the definition of illegal slot machines," Stacy said. "The governor acted on good faith from the attorney general that his legal interpretation was correct. It turns out that, obviously, it was not."
Stacy said Riley targets gambling because he is trying to uphold the law.
"The governor took an oath to uphold the constitution and enforce the law," Stacy said. "Turning a blind eye to what is clearly illegal activity would be a direct violation of that oath."
VictoryLand was raided Feb. 1, and since then, all its facilities have closed. VictoryLand officials blame Riley for the closing of all of their facilities. "The employees of VictoryLand, Quincy's Triple Seven and The Oasis Hotel thank you for your support," says the VictoryLand Web site. "Unfortunately, we are temporarily closed due to Bob Riley's attempt to destroy VictoryLand." Stacy said it was the choice of VictoryLand officials to close.
"Only the Quincy's Triple Seven Casino was the focus of law enforcement," Stacy said. "Obviously the hotel wasn't, obviously the dog track wasn't. They have other venues out there that are completely fine, but for some reason, they closed down all of them."
However, VictoryLand was a source of jobs and a large part of the economy in Macon County.
The VictoryLand sign next to Interstate 85 claims closing has cost Macon County 1,400 jobs.
The governor's office sent a response team to counsel people who have lost their jobs, Stacy said.
Earl Martin, economic developer for Shorter, said the closing of VictoryLand will not destroy the economy.
"Of course VictoryLand is important to the area, and there are a lot of people who live around Shorter and neighboring towns who worked at VictoryLand," Martin said, "but it's not the be-all, end-all for Shorter from an economic development standpoint. Shorter plans to keep on keeping on and grow and prosper."
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