Judge Roy Moore and Foundation for Moral Law File Brief in Alabama Supreme Court Arguing that Gambling Machines at Birmingham Race Course are Illegal Under Alabama Law

June 1, 2006

Case: David Barber v. Jefferson County Racing Assoc., Inc. et al.

Former Chief Justice Roy Moore and the Foundation for Moral Law filed an amicus curiae brief today asking the Alabama Supreme Court to rule that so-called “sweepstakes” machines at the Birmingham Race Course constitute an illegal gambling “scheme” under Alabama's Constitution. Earlier this year, a circuit judge held that the sweepstakes operation in Birmingham was legal , but the Supreme Court can now correct this erroneous judgment.

While serving on the Alabama Supreme Court, Chief Justice Roy Moore wrote Opinion No. 373, 795 So. 2d 630 (2001), after which video poker machines were seized across Alabama by local law enforcement.

Regarding the latest case, Judge Moore stated, “Gambling interests continue to bend the law to promote illegal activity in this state. Section 65 of our Constitution prohibits all lotteries or any scheme in the nature thereof, which includes nearly every form of casino gambling. Our law should not be held captive to the devious scheme of certain individuals who wish to promote gambling in this state.”

In the legal brief, Judge Roy Moore and Foundation attorneys Greg Jones and Ben DuPré argue that the “sweepstakes” operation at the Birmingham Race Course is actually a gambling operation “in the nature of a lottery” in violation of Section 65 of the Alabama Constitution . The machines at the race course are set up like slot machines to “read” access cards purchased by customers to see if the customer has won based on the entries on the card. It is a game of pure chance in a building that even the trial court admitted looks and feels like a gambling casino. This gambling operation violates state law and should be stopped by the Alabama Supreme Court.

The Foundation for Moral Law is a non-profit organization based in Montgomery, Alabama, that defends the right to acknowledge God and encourages Godly morality in government. The Foundation believes gambling is a moral blight that ought to be opposed to the fullest extent of the law.

(Click here to see brief.)