Bingo Machines Might Be Reinstalled

Circuit Court Ruling on the Devices Clears Way for Their Return to St. Mary's

St. Mary's County went from having no instant bingo machines in operation in any bars, restaurants, bingo halls or liquor stores Thursday night to a possible resurgence of the machines after a Circuit Court ruling Friday.

Judge Karen H. Abrams ruled that machines that use computer chips loaded with a predetermined number of winners and losers are legal, a decision that essentially rejected the conclusions of an opinion issued in March by the state attorney general's office that deemed the machines illegal.

In issuing a preliminary injunction in favor of Fred's Liquors in Charlotte Hall, Abrams said businesses can legally use up to five machines daily or an unlimited number during "special events," such as the casino night fundraisers that volunteer fire departments often host.

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

Her decision came one day after law enforcement officials seized more than 60 instant bingo machines from ADF Bingo Hall in Mechanicsville.

James A. Breslo, president of Diamond Game, which manufactures the machines used at ADF, said the owner of the hall believes that the devices are legal and tried unsuccessfully to meet with the St. Mary's County Sheriff's Office to discuss the matter.

"She was waiting for them to come by so she could demonstrate how these machines were legal," Breslo said. "That never happened and, without notice, they just showed up and hauled these machines away."

Breslo said Friday's ruling does not affect ADF's situation because his machines are loaded with printed tickets with predetermined winnings. Such machines were ruled legal in 2001 in Maryland's highest court and according to the attorney general's office opinion.

The ruling is considered a victory for Bob Sorrells, owner of Fred's Liquors, and other merchants, but its effect will last only two months, because the Maryland General Assembly passed emergency legislation this spring that outlaws the machines and others starting July 1. The governor has not signed the bill but has indicated that he will.

Still, merchants and representatives of charities that benefit from the machines said they would assess whether they could plug in machines or bring others back from storage in the meantime.

St. Mary's Sheriff Timothy K. Cameron (R) said that the judge's decision will most likely lead to a number of machines returning to the county for two months, but that the problem should not be as bad as it was earlier in the year when his deputies tallied more than 330 machines in at least 20 locations.

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

Sorrells said he and his attorney will 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, eventually reaching a total of 55 machines that benefited 11 charities. Half the money inserted into the machines went to the 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 Friday that he was "extremely pleased" to hear news of the ruling. He said his client, gaming supplies distributor Frank Moran & Sons, would probably reinstall its more than 80 machines in three St. Mary's businesses after reviewing the judge's written 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 thought all along that the attorney general's opinion was wrong, he said. "I think justice has been served today," he said.