White Hall sues AG
Published 12:00 am Wednesday, December 15, 2004
In England, they dueled with pistols and swords. The mountains of Tennessee got famous for dueling banjos.
Yesterday, White Hall and the State of Alabama added a new twist, dueling lawsuits.
Attorney General Troy King and the city leaders of White Hall fired opening salvos in what promises to become a key legal battle over gaming in the state of Alabama.
Both filed complaints in Lowndes County. King took the first step in his move to shut down the White Hall Gaming Center while the town and center filed suit for a declaratory judgment asking the court to declare the law allowing the center legal and block any interference with the operation of the facility.
Filed by Selma Attorney Prince Chestnut of Chestnut, Sanders, Sanders, Pettaway and Campbell, L.L.C., the Town of White Hall suit names King and District Attorney John S. Andrews as defendants in their official capacities.
The suit states that in a Dec. 3, 2003 opinion King cited Amendment 732 of the Alabama Constitution, ratified that amendment and gave credence to its legality.
Under Alabama’s constitution, any amendment that draws any negative votes in the Legislature must be voted on statewide.
King, in a press conference last month, said that a state legislator had voted against the local amendment, making the vote to approve the facility in Lowndes County “fatally flawed.”
However, the lawsuit says that the
Local Constitutional Amendment Commission approved the amendment and called for the referendum to be placed on the Lowndes County ballot.
Once the issue was placed on the ballot and passed, town officials and center representatives, identified as Sellers Day Care Inc. AKA Community Outreach, began work to make the charity electronic bingo facility a reality.
“Plaintiffs authorized and expended time, resources and/or both in facilitating the development of the White Hall Gaming Center,” White Hall’s suit states. ” Citizens of the Town of White Hall and surrounding areas have greatly benefited from the Gaming Center. ”
The suit also went on to state that 161 people are employed at the center, which has a direct positive impact on the town and the charitable services that receive money from the center.
“The issue is not whether a facility provides jobs, but whether it is operating in compliance with Alabama law,” King told the Associated Press.