The justices, ruling unanimously, overturned the order of Circuit Judge Tom Young, who had held that Gambling Task Force Commander John Tyson did not have the authority to conduct raids without the consent of local officials.

Tyson did not say when the task force might attempt to raid Victoryland.  But he said the task force would take “immediate action” to stop illegal gambling “wherever it exists in Alabama, including Macon County.”

Governor Riley contends the machines in private casinos are illegal slots and said the Supreme Court decision means “no longer can local elected officials protect gambling bosses from enforcement of the law.”

Victoryland owner Milton McGregor could not immediately be reached for comment, but his attorney, Mark White, said the Supreme Court order decimates the three branches of government, giving the governor “unchecked power” to take actions over the objections of local officials.

White says “they decided that the governor is in essence the king of Alabama.”

The task force earlier this month shut down the Greenetrack electronic bingo casino at Eutaw in Greene County and confiscated more than 800 electronic bingo machines.

“I’m glad to see that Commander Tyson has been relieved of his duties,” said Commissioner Ron Sparks. “Tyson did nothing but put people out of work. The bingo task force should be permanently disbanded. If the attorney general won’t disband it, or can’t disband it, I will when I’m governor. It is time to end the circus.”

We have a similar situation at Greenetrack where the sheriff and district attorney have warned of violence if Greenetrack is raided. The clear implication is that officials may not be willing or able protect the task force and state troopers from local citizens who may get violent.

So, on the one hand you have Governor Bob Riley who believes gambling laws are being broken and that neither the state attorney general nor local officials in the two counties will enforce the law. On the other hand, those officials assert there are no violations and that the governor has no constitutional power to intervene.

It’s a standoff the likes of which we have not seen in Alabama in a very long time. Historian Wayne Flynt told me it is similar to what happened when federal and state agents tried to enforce moonshine laws and when the Confederacy tried to draft soldiers into the army.  In some counties local officials stood with their local citizens against the forces of the state.

What do you think will happen next? How do you think it should be resolved?

Attorney General Troy King faces many fronts at the end of this week.

First, his much-talked about announcement Wednesday about his authority over the governor’s anti-gambling task force was quickly dismissed by task force commander John Tyson.

Now, Legislative Black Caucus chairman Rep. John Rogers complains King is “backing down.” Rogers says he will turn to the U.S. Department of Justice to deal with what he calls “intimidation” of electronic bingo operations by the task force. An attorney for the city of Midfield says he won’t wait for King. He’s considering a lawsuit challenging the task force authority.

While that struggle continues, King’s Republican rival for AG, Luther Strange, sticks to mocking humor, comparing King to a groundhog.

The moderator of Tuesday’s gubernatorial forum at Samford University says Republicans Bradley Byrne, Bill Johnson and Democrat Artur Davis may have best explained their vision to a crowded auditorium of faculty, students, politicos and business leaders. Watch Birmingham Business Journal editor Craig Ey’s comments here (go to 8:16 in the video).

The Davis campaign has been aggressive this week in its questioning of Democratic rival Ron Sparks and that $500,000 personal loan to his campaign. It’s a case of “where did the money come from?” Davis asks in this campaign release.

The Birmingham News, Mobile Press Register, Mooncat at Left in Alabama and Danny at Political Parlor also want to know.

Republican Roy Moore skipped Tuesday’s gubernatorial forum to campaign in southeast Alabama. Following an interview Thursday on FOX6 News Good Day Alabama, Moore answered more questions about the race. He expresses frustration that more privately funded polls aren’t made public. Moore contends they would clearly show him leading the Republican field. He believes a recent PSA poll was slanted for Byrne. On the topic of Byrne, Moore had interesting comments about the “Bible flap” story that hounded the Mobile Republican in December and January. Moore noted Byrne’s first commercials of the campaign.

“I’m often accused for using my religion for politics,” Moore says, “so many are just saying it for politics.”

Finally, a statement from RNC chairman Michael Steele is showcased on the state GOP website concerning a legislative pickup in HD40.

Who had a good week? And who…. not so much? Let me know.

Read more of Rick Journey’s blogs here.

You can watch Attorney General Troy King’s newser here.

You can watch Task Force commander and Mobile District Attorney John Tyson’s response here.

Read more of Rick Journey’s blogs here.

The 7-2 decision in the Alabama Supreme Court gives the governor’s task force on illegal gambling a clear edge in the legal battle over electronic bingo.

The court’s decision Thursday (view here)  led Gov. Bob Riley and his task force commander, John Tyson, to declare raids will continue. Watch Riley and Tyson comments here.

Track 2: Legislative

Birmingham Southern College political science professor Natalie Davis says the legal fight will only intensify the legislative battle.

“That is pressing forward and we may see more of that…  lots of money is on the table and it is an election year,” Davis says.

Still, Rep. John Rogers (D-Birmingham), who is sponsoring one of those gambling bills this session, does not believe it can pass.

Track 3: Perception

Davis says the battle for the “hearts and minds” of the people has become complicated because of the discussion of jobs and revenue in counties depending on these bingo facilities.

“People are conflicted. They love Bob Riley…. there is some evidence they don’t like the raids.”

If a constitutional amendment were to clear the legislature and go to the people, Davis dismisses claims from anti-gambling activists that they won’t have enough money to compete with pro-gaming powers in a campaign cycle.

“I think everybody will have enough to play.”

Watch the Natalie Davis interview here.

Rick Journey

House member Billy Beasley of Clayton weighs in on the gambling debate with this release:

_______________________

Rep. Billy Beasley (D-Clayton) speaks at Macon County Rally for Victoryland

Rep. Beasley makes similar remarks at the microphone in the House of Representatives as a point of personal privilege 

First and foremost the issue at hand is the people who count on legal establishments for their jobs. Victoryland is a constitutionally established place of business that over 1,700 people in Macon County rely on to feed their families, buy clothing, and keep their lights and heat on.  

There is no issue as important right now as jobs – that is why we need to stop all of the nonsense, raids by the governor are putting people out of work – during the worst financial crisis of our lifetime! 

I believe that in this country, we solve our problems at the ballot box, and through the courts – not through midnight raids upon legal establishments. The right to vote is the foundation – for too long many politicians have tried to block the people’s right to vote on issues.  As the sponsor of legislation of that will allow Alabamians to vote on a highway construction program that will generate 30,000 jobs, I believe in giving the people the right to vote.  The same is true for electronic bingo.   

I want to make it clear that what Governor Riley and his Commander John Tyson are doing to shutdown legal gaming and entertainment is wrong and it must be stopped.  Their actions are a misuse and abuse of taxpayer dollars and state resources.  Even worse their actions are intended to protect gambling interest in Mississippi.   

We need to be fighting to create and protect Alabama’s jobs.  That is why I strongly support the Sweet Home Alabama Plan, which will clear the air once and for all on the issue of electronic bingo by letting the people vote.  If approved, the bill will make the laws on bingo clear and consistent across the state, it will create a tax on bingo operators that will generate almost $400 million to better fund our schools and Medicaid.  

The Sweet Home Alabama Plan will also create a statewide gaming commission – which will insure that all people are treated fairly. This is a good plan.  It creates jobs and revenue for the state.  The people deserve the right to vote on the Sweet Home Alabama plan.

Here in the WSFA 12 Newsroom, we got the first hint that something was up at Victoryland/Quincy’s 777 early on the evening of Thursday January 29th.  A raid on the state’s largest bingo operation?  Nah.  The Illegal Gambling Task Force had its Supreme Court test case in Lowndes County without taking on Milton McGregor and his attorneys….and a carefully crafted local constitutional amendment saying his bingo is legal.  But the Task Force also had a new, aggressive, hard-nosed, veteran prosecutor – John Tyson.

In the words of Gomer Pyle: “Surprise, surprise, surprise!”

Dozens of State Trooper cars arrived en masse in the middle of the night, ordering patrons to cash out and get out.  But that’s about as far as the raid got.  McGregor was a step ahead of the Task Force.  He was armed with a restraining order which stopped the Troopers dead in their tracks…for now.  Back to Macon County in a moment.

About 120 miles to the south in Houston County, agents moved in on the Country Crossing entertainment center and it’s new bingo pavilion.  They were turned away there, too.  Not by a court order, but some logging chain and a few padlocks around the entrances to the building.  The owners new the Task Force was coming and shut down before the cops could rush the place.  Ronnie Gilley’s lawyers told him it would take a search warrant for the agents to go inside…and they didn’t have one.  Foiled again.

But not so fast.

Within hours of being turned away at the door, Task Force Commander John Tyson was back before the Alabama Supreme Court asking for them to dissolve the restraining order and let the raid begin.  But by midday and into the afternoon, no word from the Court.  Then late in the day, word that the Court had told McGregor’s lawyers to give them all the reasons why the Task Force shouldn’t raid the place…no later than 5 p.m. Monday, February 1st. The Court gave the Task Force until 5 p.m. on Tuesday, February 2nd to answer Victoryland’s filing. 

The Court is expected to have its decision as early as Wednesday, February 3rd. 

So what are the odds the nine justices will turn away the raid?  If you base your answer on their recent decisions regarding electronic bingo, my money’s on the Task Force.  The key element here is the Cornerstone case….the company that built the bingo operation in Whitehall in Lowndes County. State agents shut Whitehall down last year.  The Task Force had the element of surprise on its side back then.  Employees were caught completely off guard as the agents hurriedly ran into the building.  Many of the officers had their weapons drawn….leaving unsuspecting custodians, office workers and security people to do little more than raise their hands and do as they were told.

It was the Cornerstone case that resulted in the Court defining bingo in Alabama.  The justices decided the game is played on a car with a grid of five rows intersecting with five columns…numbers are called one at a time…just like the game you played as a kid. 

The likelihood of a raid at Victoryland increased with a new Alabama Supreme Court ruling released the day of the aborted raids.  In that case, the Court ruled that electronic bingo approved by the Asheville City Council in 2008 violated state law.  The sheriff in St. Clair County had resisted efforts to open bingo operations and had called the governor for help in defeating the plan.  Today, the Court put another legal stake in the heart of electronic bingo with this decision.

What makes you think it will be any different in Macon County?

Before we back the moving vans up to Victoryland’s front door and start loading up the bingo machines, it should be noted that the local constitutional amendment that authorized electronic bingo in Macon County is believed to be more finely crafted than some of the others.  At least one lawyer we talked with says that may be a factor.

Meanwhile in Montgomery…

With the attempted raid, the icy relations between Governor Bob Riley and his one-time friend Attorney General Troy King took a turn for the worse.  The AG politely send a written warning to the governor to consider the consequences of his actions.  The governor fired back that King appeared to be more concerned about the gambling bosses and changing the law…than enforcing what’s on the books. (You can read both their epistles on wsfa.com)

So what’s next?

Anybody’s bet! But right now, I think the money in Vegas would be on the Task Force….but don’t ever count out anybody like Milton McGregor who has hundreds of millions of dollars on the line.

Who is your money on? 

Illegal Gambling Task Force Commander, John Tyson spoke to reporters this morning about the attempted raids at Victoryland and Country Crossing.  Click here to watch WSFA 12 News coverage of  his news conference.