In a Procedural Hearing, held Thursday, October 20, 2022 in Greene County Circuit Court with retired Circuit Judge Arthur Hanes presiding, Greenetrack, Inc. was dismissed as a defendant in a suit filed by Alabama Attorney General Steve Marshall in 2017, seeking an injunction blocking the use of electronic bingo machines in Greene County, declaring that they are illegal gambling and a public nuisance.
The suit in Greene County Circuit Court also included the Center for Rural Family Development, Inc. d/b/a Green Charity, Dream Inc. d/b/a Frontier Bingo, Tenntom Community Development d/b/a River’s Edge, Tommy Summerville Police Support League, Inc. d/b/a Palace Bingo, Jonathan Benison, in his official capacity as sheriff of Greene County, Next Level Leaders, Tishabee Community Center Tutorial Program, Woman to Woman, E-911, and Greene County Volunteer Fire Association.
The Circuit Court Judge previously assigned to hear the case dismissed the lawsuit and the Attorney General appealed to the Alabama Supreme Court. The Attorney General’s office has already filed similar Preliminary Injunctions against bingo gaming in Macon and Lowndes Counties.
Earlier this year on May 20, 2022, the Supreme Court reversed the ruling and remanded the case back to the Circuit Court for a determination of whether the operation of electronic bingo constitutes a public nuisance which should be permanently enjoined or prevented. The Court also appointed another Judge to preside over the case.
Greenetrack, Inc. sought dismissal from the suit, arguing that its facility no longer operates bingo in Greene County as of August 28, 2022. Assistant Attorney General John Kachelman stated that the order for Preliminary Injunction included all gaming machines, however, it was clarified by Greenetrack’s legal representative, Attorney Gail Gratton Green, that the suit specifically identified the gaming as bingo machines.
According to Attorney Gratton Green, the case against Greenetrack should be dismissed because all of the electronic bingo machines targeted by the lawsuit have been removed from its business establishment; Woman-To-Woman, E-911, and Greene County Volunteer Association, the Charities authorized to operate electronic bingo pursuant to Amendment 743, were no longer operating electronic bingo at Greenetrack; and Greenetrack did not intend to allow the operation of electronic Bingo at its premises unless there was new legislation authorizing the activity.
On Sunday, October 23, 2022, Judge Hanes issued the following orders dismissing Greenetrack from the lawsuit:
“Upon verified motion and arguments Greenetrack, Inc, and the charities alleged to be operating entities in connection with it including Woman to Woman., E-911, and Greene County Volunteer Fire Assn. are hereby dismissed from this action without prejudice. Pursuant to mandate, all other motions to dismiss are overruled.”
As requested by legal representative for Epic Tech, Judge Hanes also granted a motion for Remediation between all parties remaining in the suit. The Judge’s order is stated below.
“Although similarities exist between this case and cases in other counties, there are arguable differences between them and this case in several respects, including the statutory allowance of bingo in Greene County and the powers and duties of the Sheriff thereunder. The conflict between claimed hyper-technical application of law on one extreme and practical, if not humanitarian, needs and desires of the citizens of Greene County on the other make this case one for honest, good faith, effort on both sides to explore compromise, assessing the risks of continued litigation and the possible undesirable effects which may ensue, even from success in such litigation. Upon further consideration of the arguments and statements made in the hearing October 20 this order is made as to all parties remaining, not just the movant for mediation. It is therefore ORDERED: 1. The parties shall mediate this case as soon as practicable. It is suggested that good faith informal premediation discussions to explore possible avenues of compromise be engaged in prior to said mediation. To that end Mr Dillard is designated as representative of the defendants and Mr Kachelman as representative of the Attorney General. 2. The Hon. Charles Malone of Tuscaloosa is appointed as mediator.”
Attorney William Somerville representing River’s Edge offered the following statement: “The Court’s order issued Sunday acknowledges the “practical” if not humanitarian, needs and desires of the citizens of Greene County” to have charitable bingo in Greene County and requiring the parties to mediate the case with the Honorable Charles Malone as soon as practicable. We are pleased with the Court’s order. We will continue to defend the interests of the people of Greene County in this lawsuit in which the State seeks to shut down all charitable bingo in Greene County – the people who voted for Constitutional Amendment 743, which allows the charitable bingo that the State is attempting to permanently prohibit, and the people and organizations who benefit from the charitable contributions received as a result of the operation of charitable bingo in the County, organizations like the Greene County Hospital and the Greene County Board of Education and people like the hospital’s patients and the students of Greene County.
At the October 20 hearing Judge Hanes indicated that the trial for the remaining Greene County bingo entities is expected to be scheduled for January 2023.