Birmingham, AL (WIAT)- The Alabama Supreme Court issued a ruling Friday that overrules a Macon County Circuit Court's restraining order against the attempt to raid VictoryLand by John Tyson and the Governor's Task Force on Illegal Gambling's .
The Supreme Court rejected the claims in the restraining order, requesting that the Macon County judge to base the ruling on previous electronic bingo judgments.
Read the full document on the attached link- the last page explains the ruling.
UPDATE: Democratic governor candidate Ron Sparks reaction:
Commissioner Ron Sparks Statement Regarding Todays VictoryLand Ruling:
If Bob Riley and Robert Bentley have their way, all Alabama gaming will be shut down, Alabamians will lose their jobs, and our kids and seniors will lose millions in gaming taxes. Today's ruling makes one thing clear: it is time to let the people vote, and I am the only candidate for governor who will fight for that vote and fight to keep these jobs alive. And I will fight for an education lottery and fight for money for our schools.
UPDATE: Victoryland responds to the ruling:
Based upon the ruling by the Alabama Supreme Court today, Alabama no longer has threebranches of government- it has one-- King Riley. The Alabama Supreme Court has now ruledthat the Attorney General, the District Attorneys, Sheriffs, and the judges of Alabama do notanswer to the people of Alabama who elected them- but to King Riley.
Without a single dissenting vote, the Alabama Legislature approved a referendum to allow thecitizens of Macon County to vote on whether they wanted electronic bingo. In 2003, thecitizens of Macon County overwhelmingly voted in favor of electronic bingo. The citizens ofMacon County also elected their Sheriff, their District Attorney, and their local judges. Thedecision by the Supreme Court today effectively nullifies all of those votes. Today's rulingmarks a sad and disturbing day for all citizens of Alabama. Riley's war against bingo is nolonger about bingo; it is about the right and freedom of voters to make the decisions in thisState.
The circumstances surrounding today's ruling also calls into question the integrity andindependence of our judicial system. The Canons of Judicial Ethics command that a judge"should be unswayed by partisan interests, public clamor, or fear of criticism." These Canonsforbid members of the Supreme Court from engaging in inappropriate communicationsconcerning a case pending before it. For nearly a week leading up to the Supreme Court'sopinion today, we heard from Republican insiders that Riley and others acting at his directionnot only contacted members of the Supreme Court, but also influenced which Justice wouldbe assigned to this case. The information we received was specific- that Governor Riley andhis lawyers lobbied to have this case reassigned to Justice Murdock. The fact that JusticeMurdock in fact authored the opinion today confirms that information.
Thomas Jefferson once said, "The way to have good and safe government is not to trust it allto one." The Supreme Court's opinion today, and the manner in which it was procured sendsa clear signal-Qur government in Alabama is no longer good or safe. The fight is no longerabout electronic bingo. We must now fight to protect our right to vote, to protect theseparation of powers in our state government, and we must fight to protect the integrity of ourjudicial system. Today, we vow to take this fight to a higher court that is not tainted by theallegations of partisan politics and Riley's illegal influence. We will pursue any and all legalremedies to protect our employees and the critical services funded by electronic bingo inMacon County.
We also join in the call with others who have requested that the Alabama Attorney Generaland the United States Attorney convene a grand jury and investigate the circumstances underwhich this opinion and others was procured. Every Alabama citizen stands in harm's waywhen we give unchecked power to a governor who considers himself above the law.
UPDATE: Gov. Riley's office responds to the ruling:In a unanimous ruling, the Alabama Supreme Court today reversed the injunction that had prevented the Governor’s Task Force on Illegal Gambling from enforcing Alabama’s laws against slot-machine gambling at Victoryland. The Court ruled that Circuit Judge Tom Young erred when he determined that John Tyson, Commander of the Task Force, lacked authority to take action against Victoryland in Macon County.
“This decision by the Supreme Court means that the law can be and will be equally enforced in every county in this State, including Macon County,” said Governor Riley. “No longer can local elected officials protect gambling bosses from enforcement of the law.”
“We have another unqualified victory in the Alabama Supreme Court for the Governor and his Task Force,” said Task Force Commander John Tyson. “We will take actions immediately to stop illegal gambling wherever it exists in Alabama, including in Macon County.”
The Supreme Court noted that the Alabama Constitution gives the Governor the power to direct the Task Force to ensure that Alabama laws against slot machines are enforced. The Court ruled that neither Attorney General King, Macon County District Attorney Jones, nor Macon County Sheriff Warren can override Governor Riley’s determination that Alabama’s laws against slot-machine gambling were not being adequately enforced in Macon County. The Court stated, “we are unwilling to conclude that Governor Riley cannot, without exceeding any discretion on his part, employ Tyson and other members of the Task Force as he has.” The Court concluded that Tyson “is not wrongfully usurping the offices of District Attorney Jones, Sheriff Warren, or Attorney General King.”
Statement from Republican governor candidate Robert Bentley:“As governor, I would not continue the task force. A true up or down vote of the people on this issue would settle this once and for all. Our top priority should be putting Alabamians back to work.”
