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GAMBLER SUES ALABAMA VFW POST OVER BINGO
LOSSES -- Claims electronic bingo machines
are illegal and wants her money back.
Story here...
http://www.al.com/news/
huntsvilletimes/index.ssf?/base/news/
116989303552560.xml&coll=1
Story below:
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VFW hit with suit for losses at bingo
By DAVID HOLDEN
Times Staff Writer
dholden@htimes.com
Woman's action cites state law on illegal gambling
A Madison County woman is suing the Veterans of Foreign Wars of Alabama
to return the money she says she lost playing electronic bingo machines
in Triana last year.
The lawsuit was filed Jan. 12 in Madison County Circuit Court by lawyers
Robert Battle and Wilson Green from Birmingham and Derek Simpson of
Huntsville, on behalf of a woman named Vicki Wright. The suit names as
defendants the state VFW organization, Oklahoma-based G2 Operations
Inc., and anyone else the lawyers determine profited from the proceeds.
"The VFW and G2 operated ɠa thinly disguised illegal gambling operation
at the VFW's hall in Triana," the lawsuit said. "Wright incurred losses
as a result of the illegal gambling operation."
The law is clear on this type of claim, Battle said.
"Basically, since 1852, the law has said that if you lose money through
illegal gambling in Alabama, you are entitled to recover your losses
through a civil lawsuit," he said.
The machines at the VFW's Charity Bingo hall in Triana were recently
ruled to be illegal.
Before the summer of 2006, Wright often played traditional bingo in
Triana when an announcer called out letters and numbers to allow players
to fill in numbers on paper cards, Battle said.
But that summer Charity Bingo was converted to video bingo machines,
which Wright began to play. She lost "thousands of dollars" playing the
machines, which were ruled illegal in December, the lawsuit says.
"They have taken what was intended to be Friday supper and bingo and
turned it into a 400-slot machine gambling operation," Battle said.
Attorney Matt Hancock, who represents the VFW and G2, said he could not
comment on the lawsuit.
Battle filed a similar claim in Pickens County on Dec. 11 against
Greenetrack Inc., a dog track where video gaming for money was allowed.
Joe Estano, a resident of Pickens County, lost money to the gambling
operation in Greene County, the suit said.
The Alabama Supreme Court ruled in December that a category of
electronic gaming machines, called video sweepstakes machines, are
illegal. Local law enforcement agencies said the ruling included video
bingo machines.
The VFW and the town of Triana asked for restraining orders to bar local
law enforcement agencies from seizing the machines at Charity Bingo.
Circuit Judge Bruce Williams denied the request.
An examination of the machines in Triana determined they were a little
different from the video sweepstakes machines but violated the law
regulating bingo, said County Attorney Julian Butler.
Wright's lawyers are seeking class-action status to include anyone who
claims damages as a result of playing bingo machines at Charity Bingo.
Losses similar to Wright's are typical among the class, the lawsuit
said.
Wright's lawyers say the litigation fits the criteria for class-action
status because damages occurred to more than 50 people. The circuit
court has jurisdiction, because the amount in controversy exceeds
$10,000.
Litigation against operators of gaming machines is stacking up. Attorney
Matt Lembke in Birmingham is also seeking class-action status in a
lawsuit he filed in Jefferson County in December against the Birmingham
Race Course.
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Larry Scott
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