State and Regional News

Adult arcade challenges shutdown

By The Associated Press
07-28-2002

ASHVILLE Dale Slatton, whose Shipwreck 54 Arcade near Pell City was shutdown by authorities, goes to court Monday hoping for a decision that puts him back in business. St. Clair County Circuit Court Judge Charles Robinson will consider whether video arcade machines that give winning players gift certificates are legal under Alabama law. Slatton sued St. Clair County District Attorney Van Davis and Sheriff Terry Surles for closing his business. Montgomery attorney Jeffrey Webb, representing Slatton, said he's ready to proceed with the suit and that his client's arcade machines are legal. Robinson earlier ruled that Slatton's arcade could not reopen, and the video machines must be made inoperable. But Slatton later won the right to keep the video machines at the business, pending further review. Surles and Davis initially said they would wait on an Alabama Supreme Court ruling before treating video arcade machines as "gambling devices." Neighboring counties closed down arcade businesses, and the owners of those businesses flocked into St. Clair County where it was legal. Alabama Attorney General Bill Prior issued an opinion on March 6 that said these types of arcade machines are illegal under state law, but Davis said a district attorney couldn't win a case on an opinion, only law, and St. Clair County officials decided to wait on a Supreme Court ruling before taking action to close down arcade businesses. Surles and Davis were criticized by church leaders for their decision, and they eventually changed their stance on the issue. In June, Surles closed video arcade businesses in St. Clair County after he said an undercover operation revealed a pattern of "pure gambling" at some gaming centers. "We believe the sheriff acted properly, and he is following the law," said Bill Weathington, the county attorney representing Surles. An attorney from Pryor's office will represent Davis at Monday's hearing. Slatton said if Robinson rules against him, he will file a lawsuit against Surles and Davis to recoup his large investment, including licenses, machine fees and operating expenses. Slatton said he invested a lot of money on what Surles and Davis said in the past that they would wait for a Supreme Court ruling before taking any action against arcades. He said Surles and Davis should pay restitution for all the money he lost on their word, including legal fees. Surles is also named in another video arcade lawsuit filed this week in U.S. District Court in Birmingham. That suit was filed by Rick Taylor, owner of the Treasure Chest Arcade in Pell City, and four other men. Taylor was arrested last week following a police raid at Treasure Chest Arcade and at an Oxford pawn shop. He was charged with conspiracy to promote gambling and promoting gambling, both misdemeanor charges. Authorities alleged the arcade in Pell City was making cash payoffs, and the pawn shop was just a front to pay off winning arcade tickets. Taylor has denied he did anything wrong, but the mayor and council voted to revoke his business license at a June hearing, several weeks before his arrest.