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Alabama Gambling Sweepstakes Operator Wins Lawsuit against Sheriff's OfficeA Jefferson County, Alabama judge ruled on Tuesday that the video gambling sweepstakes at the Birmingham Race Course is legal, but expressed disdain for the operation all the same.Circuit Judge Scott Vowell called the video gambling sweepstakes at the race track a "sham," saying that it stays within the letter of the law while completely disregarding the law's spirit. "The operation looks and sounds like a gambling casino, but under Alabama law, it is not," wrote Judge Vowell in a 17-page opinion. The gambling sweepstakes, run by course owner Milton McGregor and Multimedia Games, a gaming company based in Texas, will be allowed to reopen. It was closed in December in a raid by the Sheriff's office, only six days after it had opened. The judge's ruling requires that the Sheriff return money and documents seized at the racetrack during the raid. It also bars the Sheriff from future raids. District Attorney David Barber will decide later this week whether to take the case to the Alabama Supreme Court. Charlie Waldrep, one of the sheriff's attorneys, said that the Sheriff will abide by the judge's ruling. "We are disappointed," he said. "But I was encouraged to see the judge went out of his way to point out there was no wrongdoing on the part of the sheriff and that he had a constitutional obligation to take the action he did." McGregor, however, was jubilant at the judge's ruling. "Today's decision is a great victory for the people of Jefferson County," he said in a statement. "Before beginning operations, we did everything possible to ensure our activities were legal. Hopefully today's decision resolves any issue regarding the legality of the sweepstakes." The judge, however, blamed loopholes in Alabama law for his decision to rule in favor of the defendant. "[T]he sweepstakes operation is a sham," he wrote. "Through careful planning, the plaintiffs have found a loophole in the patchwork of Alabama's anti-gambling laws and they have taken advantage of that loophole." "It appears to be a lottery, but it is not," he wrote. "It appears to be gambling, but it is not. The readers appear to be slot machines, but they are not." Judge Vowell asked the state Legislature to more clearly define gambling law in order to prevent people from taking advantage of loopholes in the future. Gov. Bob Riley plans to introduce a bill that would clarify gambling laws in the next few days, according to a spokesman. However, other lawmakers said that there are currently more pressing issues facing the legislature than closing the loopholes on gambling. "Rather than worrying about loopholes, I'd rather legalize gambling and tax it," said Demetrius Newton, D-Birmingham. "Control it so there's not a gambling place on every corner by making the taxes high."
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