Gaming machine suit dropped, Cole County judge rules in favor of state
COLUMBIA, Mo. (KMIZ)
The office of Attorney General Catherine Hanaway received a win Wednesday in the battle over gaming machines after a Cole County judge dropped a lawsuit against them. However, the group suing the office is ready to refile.
The suit was filed by the Missouri Licensing Advocacy Group at the end of June, with the group asking the judge for a temporary restraining order and preliminary injunction to pause seizures of machines until a definition of gambling machines is determined.
Currently, during Division of Alcohol and Tobacco Control inspections, any convenience store proprietor who operates a gaming machine is at risk of losing their liquor license. The ATC also considers “no chance gaming” or “gray” machines which pre-reveal the next outcome to the user free of charge against the law.
Missouri Licensing Advocacy Group argued that the state cannot make a blanket definition of what makes a gaming machine illegal, since gray machines often operate with different payouts and algorithms compared to a random number generator. They add that even the General Assembly had difficulty creating a definition for "gaming machines."
"If the State’s position is that every machine with an electronic screen, customer payment, amusement value, and possible prize is automatically an illegal gambling device, then the State’s theory sweeps far beyond the machines now being targeted," according to the lawsuit.
MOLAG's goal was not for a judge to determine which gaming machines are or are not illegal, but instead to give all possible license violations due process.
"You're the judge, you're the jury, you're the executioner, that's another thing that we are fighting right here is that posture," Samuel Trapp with MOLAG said. "One guy that has the power over your license says 'you're breaking the law, and if you don't, I'm going to take your license.' What's your choice?"
Trapp adds that some businesses who are a part of MOLAG had lost income and even had to shut down locations due to unplugging gaming machines.
"The label is these people are criminals, they're not criminals, they're business people and they've been in the business of this type of machine for a number of years," Trapp said.
Ultimately, Judge Richard Green ruled in favor of the state's motion to drop the case, claiming MOLAG's argument had no standing since there was no local business owner whose liquor license was threatened or pulled.
"There's a lot of people afraid to stand up, but if they come through MOLAG, we're trying to make it where they don't have to necessarily become a target and give their name, because targeting is real," Trapp said.
MOLAG's attorney, Travis Noble, later claimed Green saw the group's argument, with the group now looking to refile with a key witness who has been affected.
Trapp adds that MOLAG plans to refile this week with several people willing to come forward by name.
The suit follows a sweep of lawsuits filed by the Attorney General's office in February and March.
“Businesses that allow illegal gambling to operate under their roofs are making a deliberate choice to put profit over public safety,” Hanaway said in March. “My Office is committed to dismantling illegal gaming operations, ensuring they have no place in our communities. We will enforce the law and protect our neighborhoods in every county.”
At least two Mid-Missouri convenience store owners -- Anthony Gier of Eldon and Keith Winscott of Ashland -- have been charged criminally after video gambling machines were seized from their stores.
