Judge stops casino raid

Tom Young issues injunction in Alexander City courtroom Friday

By Brent Maze (Contact) | Alex City Outlook

Published Friday, January 29, 2010

Circuit Judge Tom Young issued a restraining order in an Alexander City courtroom early Friday morning to stop Gov. Bob Riley’s anti-gambling task force from raiding the VictoryLand casino in Macon County.

Attorneys from the task force and VictoryLand met in the Tallapoosa County Courthouse Annex at 5 a.m. Thirty-three minutes later, Young granted the request because of the legality of such a seizure.

“The court finds than an injunction is necessary in the instant case to prevent the unauthorized and unlawful seizure of the plaintiff’s (VictoryLand’s) property, or closing the plaintiff’s business, or interfering with public access to the plaintiff’s facilities by the defendant (Riley’s task force),” Young’s order stated.

The order also stated that the task for had not initiated a criminal proceeding against VictoryLand and that this case is a civil matter, not criminal.

“Further, the court finds that an injunction is necessary under these circumstances to prevent the unequal, invidious or discriminatory enforcement of the law,” the order stated.

The temporary restraining order will expire on Feb. 6 unless it is extended at a hearing next Friday at 1:30 p.m. in Macon County Circuit Court. Tallapoosa, Macon, Randolph and Chambers counties make up Alabama Fifth Judicial Circuit.

Although hundreds of state troopers and other law enforcement personnel surrounded the VictoryLand casino in Shorter, the order stated that agents on the scene could not seize any additional property and all seized property must be returned. VictoryLand was also ordered not to destroy any evidence or tamper with the machines in question.

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