The non-profit organization that runs bingo at Center Stage Alabama says the attorney general’s confiscation of 
machines and money from its affair in July was unlawful, and urges all Houston County judges to eliminate themselves from the case.
The Houston Economic Development Association (HEDA) submitted the distinct motions Friday afternoon in Houston County Circuit Court. The movement to dismiss asserts investigators and professionals with the attorney general’s office failed to adhere to recognized law prior to and during its raid of the bingo structure at Center Stage July 26. Beyond 600 electronic bingo machines and greater than $ 283,000 were taken.
The movement seeking recusal of all Houston County Circuit judges declares judges are bound to a recusal based upon a 2009 choice to eliminate themselves from the electronic bingo concern.
In 2009, all five seated Houston County Circuit judges recused themselves from a movement to verify the issuance of bonds linked to the development of Country Crossing. The bonds were confirmed by Dale County Circuit Judge PB McLauchlin. The judges explained two reasons for the recusal. Initially, the bond validation request cited all citizens and residents of Houston County as having an interest in the bond validation process, making them parties at large in the case. Second, the judges stated they had actually been privy to various “extra judicial” discussions regarding the topic of electronic bingo.
Later in 2009, then-presiding Houston County Circuit Judge Brad Mendheim sent a letter to the state Judicial Inquiry Commission looking for guidance on the electronic bingo concern.
“The judges believe that litigation may occur concerning the legality of Country Crossing’s ‘charitable electronic bingo.’ Presently, no lawsuit is pending in the Houston County Circuit Court. Our inquiry is whether the recusal order entered in the bond validation lawsuit would also result in recusal … in a new lawsuit challenging charitable electronic bingo?” read Mendheim’s letter delivered Nov. 23, 2009.
The reaction from the Judicial Inquiry Commission dated Dec. 11, 2009, recommended “continued disqualification.”
Two new Houston County Circuit judges have been elected since the order, Michael Conaway and Kevin Moulton.
The motion for recusal additionally points out huge publicity pertaining to electronic bingo, Country Crossing and Center Stage lately and in the past.
“The pervasive media coverage and resultant public discourse serve to continue the previous disqualification of the judges who signed the orders in the previous lawsuits, as well as all other judges currently sitting in Houston County,” says HEDA’s motion, submitted by lawyers Ernie Hornsby and Ashton Ott.
In the movement to dismiss the case, HEDA suggests that the machines and money need to be given back to HEDA for many causes:
” HEDA ran bingo under rules and regulations approved by the Houston County Commission.
” All machines confiscated had a bingo stamp issued by the Houston County Commission, suggesting compliance with existing guidelines and laws.
” No criminal charges have been submitted against anybody resulting from the raid.
” No summons was ever effectively served on HEDA, offseting the forfeiture proceeding.
” Investigators failed to provide a factual basis for the search warrant that led to the raid.
“The State of Alabama has engaged in a pattern and practice of denying due process by exploiting what the State perceives is a loophole between the criminal rules and civil rules that permits it to seize property without notice or a hearing, in violation of the 14th Amendment of the United States Constitution and the corresponding provisions of the Alabama Constitution,” the motion says.
The Attorney General will definitely have a number of days to submit reactions to the motions.
Center Stage Alabama continues to run paper bingo on the premises located on U.S. 231 South, approximately three miles from the Florida state line.
