Rescind Recess Appointment of Bill Pryor Petition 

In August of this year a ruling by Judge Wayne Thorn declared video poker games to be illegal and his ruling resulted in the shut-down of these machines across the state. Local district attorneys and sheriffs did their duty and shut down thousands of gambling video poker machines across the state.

Unfortunately Attorney General Bill Pryor reversed all that when he issued an advisory opinion that stated that these same machines were legal under Alabama law. He also said that seizure of these machines by law enforcement officials could be "risky." The consequence of Bill Pryor's actions was that the video gamblers reopened for business. Pryor's ruling was based on his opinion that video poker is a game of skill. This is contrary to the situation in most other states, which have viewed these machines as illegal gambling devices pure and simple.

Meanwhile in Jefferson County the head of the vice squad said that he will still investigate complaints, but if they are operating [within the law] they won't hear from us." He did say, however, that he would confiscate any machines in use where players are paid in cash.

Confusion is rampant. Roger Brown, Chief Deputy District Attorney in Jefferson County said that he disagrees with "the Attorney General's interpretation of the law." Randall Houston, District Attorney for Elmore, Autauga, and Chilton counties believes that Pryor's ruling applies only to Montgomery County. "We're not going to let [the gambling machines] back in here," he said.

The dispute centers around a document filed by the state in a Montgomery court case where Pryor is challenging the constitutionality of the law that allowed the arcades in the first place. The act, known as the "Chuck E. Cheese Law," cleared the way for businesses to have machines that awarded prizes in games of skill. The supposed intent was to let kids win trinkets at pizza restaurants like Chuck E. Cheese.

But arcades that cater to adults by awarding gift certificates sprung up across the state, prompting a legal fight over the law. In the Montgomery lawsuit, Pryor's office filed a document admitting that adult arcade machines in that case involve skill -- making them legal under the Chuck E. Cheese law.

Alabama conservatives are confused about Bill Pryor's actions. The Attorney General says that he is against gambling, but his actions opened wide the door for video poker gambling. Conservatives were confused about the Bill Pryor's ruling on Don Siegelman's "No Lottery" legislation. In 1999, Bill Pryor issue an opinion that the Lottery legislation would not legalize casino gambling. Don Siegelman went all over the state quoting the Attorney General. Meanwhile the anti-lottery forces were putting up billboards says "Lottery equals Casino Gambling" The anti-lottery forces pointed out that the Lottery Amendment to the Alabama Constitution while not legalizing gambling, would eliminate the constitutional prohibition against gambling. This would allow the Alabama Legislature to pass laws to allow or legalize gambling. This is exactly what happened when Mississippi voters legalized the lottery, and then casino gambling legislation was passed. Both Don Siegelman and Bill Pryor over looked that fact. But the anti-lottery forces and the Alabama voters did not.

While we are confused by Attorney Generals actions and statements, it is clear that for the time being, the video poker gambling interests are in operation and are winning. Perhaps the Attorney General could clarify his position by prosecuting the many wide open video poker gambling operations where cash prizes are awarded. The Attorney General could prove his conservative values by prosecuting gambling in general and especially the many situations of corruption of the Siegelman Administration.

AG's position creates confusion over status of adult arcades
By JAY REEVES

The Associated Press

8/30/01 2:54 PM

BIRMINGHAM, Ala. (AP) -- Shut down nearly two months, Barry Kelly has reopened his adult video game arcade, saying it's all thanks to Attorney General Bill Pryor, an arcade opponent. Kelly and other arcade owners have latched on to a court document filed by Pryor's office as proof their embattled industry is legal in Alabama.

Even though Pryor is trying to close arcades statewide, Kelly said an admission made by Pryor's staff in a lawsuit allows arcades to reopen just weeks after many closed amid threats of prosecution. Kelly was bringing gaming machines back into his M.T. Arcade on Wednesday, and he said other owners are getting ready to reopen, too. "An attorney general's opinion said the machines are legal under Alabama law," said Kelly.

Pryor denied doing anything to help arcade owners, and he blamed "deceptive lawyering" for claims his office opened the door for them going back in business. "I don't think that there's any basis for them reopening," Pryor said in an interview.

The dispute centers around a document filed by the state in a Montgomery court case where Pryor is challenging the constitutionality of the law that allowed the arcades in the first place. The act, known as the "Chuck E. Cheese Law," cleared the way for businesses to have machines that awarded prizes in games of skill. The supposed intent was to let kids win trinkets at pizza restaurants like Chuck E. Cheese.

But arcades that cater to adults by awarding gift certificates sprung up across the state, prompting a legal fight over the law. In the Montgomery lawsuit, Pryor's office filed a document admitting that adult arcade machines in that case involve skill -- making them legal under the Chuck E. Cheese law. Still, Pryor argued, the law is unconstitutional and the machines should be banned as illegal gambling devices. "That was the sole intent of what we did," he said.

But a Pryor aide also wrote a letter a week ago stating that seizure of arcade machines can be "risky" until the law is clarified, and the Alabama Sheriff's Association held a news conference Monday expressing the same opinion. All that was enough for Kelly to get back into business in Jefferson County, where the sheriff had threatened blanket confiscation of the machines. The head of the Jefferson County vice squad, Lt. Dennis Blanton, said officers will still investigate complaints against arcades and confiscate any machines where players are paid in cash. "But if they open a business up and are operating (within the law) they won't hear from us," Blanton said.

A Birmingham prosecutor said confusion was created by Pryor's position that even some of the arcade machines involve skill. "I respectfully but very strongly disagree with the attorney general's interpretation of the law," said Roger Brown, chief deputy district attorney in Jefferson County, where a judge has ruled adult arcade machines are illegal gambling devices that don't involve skill. Another prosecutor said Pryor's position only applies in the Montgomery County lawsuit, and he vowed to prosecute anyone who tries to reopen an arcade in his circuit. "We're not going to let them back in here," said Randall Houston, district attorney for Elmore, Autauga and Chilton counties.

Copyright 2001 Associated Press.