Some Gaming Devices Are Legal, Judge Says

July 1 Ban of Machines Still Expected

Some electronic bingo machines can be operated legally under St. Mary's County law, a Circuit Court judge ruled yesterday, rejecting an opinion from the state attorney general's office in March that deemed such machines illegal.

After listening to more than five hours of testimony, Judge Karen H. Abrams issued a preliminary injunction in favor of Fred's Liquors in Charlotte Hall, saying the business and others in the county can legally use up to five machines daily or an unlimited number during "special events," similar to the casino nights that volunteer fire departments often host.

The machines must use a computer chip loaded with predetermined winners and losers, distinguishing them from slot machines. Another type of machine that uses pre-printed tickets has already been deemed legal.

"I don't see this as being any different than a one-night event," said the judge, adding, however, that the law does not expressly say such events can occur "four or five or six days a week."

The victory for liquor store owner Bob Sorrells and other merchants could be short-lived: The state legislature passed emergency legislation that would effectively outlaw those machines and others July 1. The governor has not signed the bill but is expected to.

Still, merchants and representatives of charities that profit from the machines said they would assess whether they could plug in machines or bring others out of storage in the intervening weeks.

St. Mary's Sheriff Timothy K. Cameron (R) said the judge's decision will probably lead to a number of machines returning to the county for two months, but he does not expect levels to return to what they were earlier this year, when his deputies tallied more than 330 machines in at least 20 locations.

In late March, Cameron sent letters to the establishments stating that their machines were breaking at least one law. Those letters prompted all but one business, ADF Bingo Hall, to unplug their machines or return them to their distributor. On Thursday, law enforcement officers raided ADF Bingo, hauling away more than 60 machines.

At Fred's Liquors last month, Sorrells unplugged his 55 machines, then filed a lawsuit against the state, county, sheriff's office and state's attorney. Two nonprofit organizations were also part of the lawsuit.

Sorrells said he and his attorney plan to review the judge's decision and determine the maximum number of "special events" he can host before the July 1 deadline.

Sorrells began to add machines to his liquor store late last year and, at one time had 55 machines that benefited 11 charities. Half the money inserted into the machines went to the machine manufacturer, Impact Innovations. Some went to pay out prizes, and Sorrells collected $50 a machine each day, which amounted to about $172,000. The remainder went to the charities.

Bruce Bereano, a lobbyist who unsuccessfully argued against the legislature's ban on the machines, said he was "extremely pleased" to hear news of the ruling. He said his client, gaming supplies distributor Frank Moran & Sons, Inc., would probably reinstall its more than 80 machines in three St. Mary County businesses after it reviewed the judge's decision. The company removed its machines voluntarily in March.

Scott Boatman, owner of Boatman's Mini Mart in Mechanicsville, said he would begin reinstalling his 15 machines as soon as possible. He, too, had removed them in March, even though he said he felt all along that the attorney general's opinion was wrong. "I think justice has been served today," he said.