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Alabama Governor Bent on Removing Bingo Machines in Indian Casinos

Posted on October 24th, 2010

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The governor of the state of Alabama seems to be in an all-out cleaning drive to rid the state of any forms of expanded gambling. Gov. Bob Riley sees as his next mission, the closing down of electronic bingo machines which resemble slots. These machines are currently in operation in the Native American casinos of the state. According to the press secretary of the governor, Todd Stacy, these establishments are the only facilities left that are still operating electronic bingo machines.

Time is of the essence for Governor Riley whose term ends in about three months—which means he only has that much time left to finish his intensive crackdown on Alabama’s gambling facilities. Moreover, the federal agency that deals with the matter has sided with the Indian casinos, as it has opined during a number of occasions that it is fine for these bingom achiness to be operated in Indian casinos. The president of Poarch Creek Indian Gaming, Jay Dorris said at the start of the governor’s actions that he had not been informed that Riley will be pursuing the crackdown. He commented that such development is not something that he particularly paid attention to. Dorris further said, “We answer to the federal government and what their definition is. Bingo, as we play it, is acceptable.”

The office of the governor does not agree to the comments of Dorris. The members of the governor’s staff have labeled the devices as slot machines—which are illegal. So far, they see their actions as in line with the court actions and raids that have been conducted by the governor’s Task Force on Illegal Gambling. With his previous moves, the governor has so far effectively shut down all the major casinos under the regulation of the state casinos with bingo machines. Obviously the Native American casinos are another matter, as they are not under the direct jurisdiction of the state. Earlier this month, there have been reports circulating that bribery, illegal acts and arrests of several prominent personalities have been made. This was after a push by certain sectors has been made to amend the constitution by the legislature so that casinos may be protected from the relentless task force of Riley. So far, none of the personalities connected to PCI Gaming of the Poarch Creek tribe has been charged or arrested.

Riley has been adamant that he must continue the fight against the bingo machines operated by casinos regulated by the state. He deemed this action as a necessary first step, which should lead to his next step: a shutdown of existing bingo machines located in Indian casinos. These machines are being overseen by the National Indian Gaming Commission. Press Secretary Stacy explained in an email that , “The administration will make sure federal regulatory authorities are aware that — since state law unequivocally prohibits these machines, and since the state is now enforcing the law — the Indians can no longer be allowed to operate gambling machines that are clearly illegal. Even casinos regulated by the state, despite their fate, still contend that the machines in their care are lawful despite what the governor has said. As for the Native Americans, he said that PCI Gaming says despite bingo machines being disallowed everywhere in the state, their facilities by law can still host such games.

Federal law states that Indian casinos are allowed to operate only games that a state permits to be played in other facilities. But, the law also gives its own parameters of what those games are. Last year, the spokesman of the NIGC, Shawn Pensoneau, was quoted in saying, “If Alabama allows paper bingo to be played within the state boundaries, then the tribe is allowed to offer similar games, including … the electronic form of bingo.” In response, Stacy said that the NIGC proved to be inconsistent, then referenced a letter from Penny Coleman who was the agency’s general counsel dated 2004. In that letter, Coleman stated that electronic bingo games in Alabama that operated with the player only touching it once will likely not meet the definition of bingo by the federal government. Stacy concludes by saying that the operation of these machines by the Indian casinos is as illegal as when any other entity operates them.