Gov. Riley and AG Troy King battle over bingo

Honorable Troy King
Office of the Attorney General
600 Dexter Avenue
Montgomery, Alabama 36130

Dear General King:

I am in receipt of your letter regarding this morning’s actions by the Task Force on Illegal Gambling. I am deeply disappointed that you continue to show more concern for the casino bosses in Alabama than for the enforcement of the law by dedicated law enforcement officials. You seem to take more interest in parroting the talking points of the gambling bosses while giving short shrift to the law of Alabama. If we exhibit the “caution” that you suggest, then we will continue to allow the rule of the law to be flouted in this State. I cannot reconcile such an approach with the oath of office that I took to see that the laws are faithfully executed.

Let me say at the outset that I fully support the actions of the Task Force and its Commander and greatly respect the civil and orderly manner in which Alabama’s law enforcement officials have conducted themselves. You obviously have no appreciation for the many hours of work that they undertook in investigating the illegal activity in question prior to today’s action. While you may disagree, I have the highest regard for the Alabama Department of Public Safety, the Alcohol Beverage Control Board and agents that serve us everyday. I am disappointed that, in your letter, you intimate that these professionals “disregard” the “rights and due process” of certain individuals. To be clear, I do not share your opinion, and I continue to have every confidence in the fine men and women who serve our state at the Department of Public Safety and the Alcohol and Beverage Control Board.

I am also puzzled that you do not show more concern for the lawless action of the circuit judge in Macon County who enjoined an ongoing criminal operation notwithstanding that the Alabama Supreme Court ruled just two weeks ago that circuit judges have no jurisdiction to do that. I would have thought that you as Attorney General would be quite concerned about the adverse precedent that could create for criminal law enforcement.

As I’m sure you know, this morning, a unanimous Alabama Supreme Court, in Surles v, City of Ashville, once again ruled that the s-called electronic bingo spreading across Alabama is, in fact, not bingo at all. Specifically, today’s opinion, again, makes absolutely clear that, for a game to be legal bingo, human players, not machines, must be one to “determine” whether the numbers drawn one by one match a number on his or her card, and then he or she must physically act to mark it. Without any shadow of a doubt, every machine at Country Crossing, and every machine at Victoryland, makes those determinations for the player. Therefore, those machines are simply not legal under any bingo amendment.

Over four years ago, you were put on clear notice by federal officials that the game of bingo requires human interaction and decision-making. For reasons that only you know, you chose not to share that with me. You deliberately ignored that human aspect of bingo when you issued your own definition, which has been used by casino interests across this state to pass off slot machines as “bingo.” Today, the Supreme Court, for the second time in three months, has essentially ruled that you were wrong. While you might prefer declaratory judgment actions that will take months to resolve while the gambling bosses continue to rake in illegal profits, there is no stronger declaration than the one made by our Supreme Court. I am hopeful that this ruling will cause you to accept this definitive statement of the law by our state’s highest court.

Unfortunately, despite these multiple court rulings clarifying what is common sense to most Alabamians--that these machines are slot machines, not bingo—there are individuals and organizations that continue to flout the law and operate illegal casinos Alabama. The rule of is in grave jeopardy in this state if these situations are not immediately reversed. According, as long as these individuals thumb their noses at the clear laws of Alabama, the Task Force will continue its work.

Finally, I am shocked to read your statement that the “proper course is to allow a vote of the people to resolve this.” Mr. Attorney General, as your friend, I remind you that the people have already expressed their will in the Constitution of Alabama that this type of gambling is illegal. Rather than concern yourself with efforts to change the law, I suggest that your time would be better spent enforcing the law as written. That is what the people elected you to do. The rule of law, which you claim to support, does not permit you or anyone else to decide that some laws are not worth enforcing.

Very truly yours,

Bob Riley
Governor