bingo in court and bingo funds in Dora

I had to go Tuesday to two events concerning electronic bingo--the hearing in Birmingham and the Dora City Council discussing the use of the firemen's bingo funds. As far as I could tell, I was the exclusive reporter at both events.

The court hearing was supposed to be on Sheriff's John Mark Tirey's desire to drop a restraining order that would allow him for now to start enforcing rules preventing some bingo halls from operating without enough permits and preventing charities from participating without following other rules such as existing five years and owning land for five years. Somehow, the discussion weaved in and out so many points of argument that at the end of a 12-hour day, I just don't feel going into all the discussions. It is possible we may hear an order on that later, but the real significant news appeared to be that Jefferson County Circuit Judge Robert Vance Jr. again emphasized he wants to hurry along the case. He seemed to understand more clearly than ever that lawyers on both sides really want the main issue -- is electronic bingo legal -- to get the priority, as that may decide everything. The judge seemed happy to help that along and stated that he wanted to decide the main question by the end of summer. Remember that he already has a hearing set on Aug. 11 on the main questions, which also includes whether the machines used are slot machines or are they legal to use.

Moreover, participants on both side -- who discussed it somewhat before the judge came in, in my presence -- seemed to get tentative OK to try to work out something on the machine question. There was concern about the problems of getting bingo machine officials and looking at machines and particularly dragging the hearing with tons of technical testimony. What seemed to be evolving was that lawyers on both side were agreeing to find ways to agree on certain points and get evidence in place that would cut down the amount of testimony and time in court. They were so eager at that point that a break was held and lawyers and their clients streamed into the hallway outside the courtroom to discuss some initial points on this. District Attorney Charles Baker was among those out there. After the two-hour proceedings, he seemed very happy that the judge had indicated a ruling by summer's end (in other words, within a little more than two months) and that sides were getting together to streamline this thing. Attorneys on the other side appeared happy with these developments, too.

There were some other points in the day, of course. Attorney Ken Guin, who is also a legislator, tried to make the point that the law to be followed is the constitutional amendment and that brought on discussion on whether the county commission is really the one to be making rules. (You remember they started to do that, got bogged down in status quo concerns and retreated. Attorney Herbie Brewer said others have created false trails using status quo and confused people, and he may be right.) Baker said he didn't know if he agreed with all of Guin's arguments and may file a brief. Also, there was testimony concerning the depositions concerning hours and permits for some of the bingo halls, although it seemed to point that some halls still only have a few permits or no permits to operate.

By the way, Vance was told at one point the Walker County Commission is much like the Jefferson County Commission having control over Jefferson's sewer situation. "And hasn't that worked out well," Vance said to howls of laughter. However, he did apologize to the Walker County Commission for possibly stating inappropriately at an earlier hearing that they deserved some blame over the bingo controversy coming to this point. On another point, District 2 Commissioner Dan Wright attended the hearing--someone pointed out the county's lawyers should be there to keep up with it, even if the commission is not a direct party to the suit, just because it affects the commission so much. If bingo were to be approved, it might help to have Wright or a representative there to know what the judge is thinking.

Meanwhile, at Dora's city council meeting, it was brought up that most of the firemen's turnout gear is five years old or worse. We're talking maybe 17 firemen. I was told the other day four years is about the life of turnout gear; I can't imagine how dangerous that is, because the material is deteriorating and threatens to burn firemen. That's a lawsuit waiting to happen, but it sounds like one of those things that got left behind over the years.

At any rate, the other problem was in a partial solution. Councilman Nick Isbell wanted the city to buy four turnout gear (which could cost up to $1,500 each) as a start, and the fire department's bingo funds would reimburse the city. The fire department has enough bingo funds to buy the four turnout gear, which could take two months to arrive. (No word on how much bingo funds they have.) The council, you will remember, had also said they would not accept bingo funds and were not happy that volunteer firemen were taking bingo funds.

Councilmen questioned why the department didn't buy the gear directly. Isbell said he felt it was a "sign of respect" for the city to do so. The council members said they knew there was a need and wanted to help, even with fundraisers, but they said this approach amounted to a backdoor acceptance of bingo funds. They more or less felt the department should use the funds directly, and they would try to come up with fundraisers for the department's general needs down the road. They also felt they had to be responsible with funds because of the deep cuts they have recently had to make with city employees. (I hope in the next day or two we can play part of that discussion on "The People's Viewpoint," as I think it raises two major issues concerning the need for turnout gear and the use of bingo funds.)

By the way, the city got a grant for turnout gear a while back, but it might be a while before another comes along. As for fundraisers, Isbell noted that they are good, but firemen say they are a lot of extra work when they are already tired from regular work and fighting fires. There was talk about sending out letters to request donations, which brought in up to $3,000 a few years ago.

In other matters, the council agreed to get a computer for the police as they will be required by the state (along with all law enforcement agencies doing accidents) to log in accident reports without paper. It even appears the state will get funds when people come asking for accident reports, not the city, as the city will not keep paper reports anymore. The mayor will check to see if the state has any computers, and if they don't, the city will buy a computer package.

Also, the doctor's clinic should be completed in July, although no doctor is in sight. Local representatives are far apart from grocery chains in coming to any deal to replace Food World, Mayor Chris Edwards said. The city hopes to fill a court clerk, or court magistrate, position as early as this week, and a half dozen applications are already in. The first movie in the park only had 100 people -- and officials said during the council meeting it was because the Daily Mountain Eagle had misprinted that the event was Friday night, not Saturday, and that the correct information was more like a "reminder" on Saturday instead of indicating to be a correction.

Also, let me point something out in fairness. One woman approached the mayor afterward to question why the public did not get to speak at council meetings but I got to ask questions. She seemed rather mad at me--she walked away from me and wouldn't speak to me--but the mayor does have the right to call me down if I get out of hand. (He hasn't.) I didn't realize anyone felt they didn't have that right in Dora. Certainly, we also know of the questions being asked in Carbon Hill on similar questions, as far as how much right a citizen has to approach a city council. I think the woman in questions, the citizens of Carbon Hill and I all have a right, as long as we act reasonably.

I usually try to be respectful and ask questions in certain meetings when I think it would not go over a line; how meetings are set up have much to do with that. I think there is concern that the public has been allowed to speak and things got out of hand, but I think there is a way to allow the public to speak for a few minutes each, if the mayor takes a firm hand. I'm certainly not trying to hog the show, but to ask questions for thousands of other citizens who don't get to come or point out what I've heard in other cities that councilmen don't get to hear. If I ever abuse the privilege, I hope a city official comes to me gently and let's me know...but I also hope a forum exists for the public to be able to have their say in a respectful, organized way.

Mark Baynes

Some of you on my last radio show may have heard Mark Baynes on my program Good Friday Week. The e-mail newsletter at his church, Triad Baptist Church in North Carolina, had this fine article on Mark. The Web version, which has photos, is at http://www.triadbaptist.com/Connections/Articles/connections_revelationroad_06152009.htm, but otherwise here is the story below. Mark is a great Christian musician and you deserve a chance to hear or obtain his music, if you have not already. His own Web site is Mark Baynes.com. ED HOWELL

Journey with Christ: Mark Baynes' Latest Recording Takes Listeners Down "Revelation Road"
Revelation Road is Mark Baynes' third album.

"Christianity is not something that we have figured out, rather it is something that has been and continues to be revealed to us daily. And those revelations only come along the road as we follow Him." Mark Baynes

By Wayne Thompson

Triad Baptist members will soon hear a familiar voice on WBFJ-FM and other Piedmont radio stations — music from "Revelation Road," the third album by Mark Baynes, associate pastor of praise and worship and single adult ministries.

More than three years in the making, the recording's acoustic-based Christian Celtic folk reflects Scotland's musical imprint on Baynes' life and music. He fell in love with Scotland in 2002—and met his future wife there—while visiting friends studying at King's College in Aberdeen. He married Dawn in 2004 and stayed until 2007 when he returned to the United States to join the staff at Triad."The very first CD I did in Nashville, Tenn., was more of a pop/country sound," Baynes said. "Over the last 10 years, I have moved more towards the folk/Celtic style by adding the mandolin, hammer dulcimer and Irish whistles to the instruments I play."Dawn and I have always loved the old hymns, and living in Scotland exposed me to numerous hymns that I had never heard before."

The result was "Hymn of Season" featuring Dawn's lyrics and Mark's music. "I was always encouraging Dawn to write some lyrics, telling her I would try and put some music to it," Baynes recalled. "She gave me the first two verses several years ago and I thought they were brilliant. I tried a variety of melodies and nothing seemed to fit and then I finally had a breakthrough to what you hear on the CD.

"After I had the music, I went back to her and pleaded, 'Please write two more verses!' She did and I couldn't be more happy how it turned out."

A perfectionist who believes in giving God his best whether preaching or singing, Baynes considers "Revelation Road" his most professional recording to date. Nashville recording engineer Gil Gillis put the project together from sessions in Dublin, Ga., and digital files Baynes prepared and mailed.

"Revelation Road" is available for purchase from Baynes, iTunes, Amazon.com and CD Baby, a digital music distribution service.

A constant theme throughout the recording is the Christian life as a journey, whether a sailor daring to set sail again across the sea in "The Winds of God," or a follower boldly saying "yes" to a new life in "Journey With Christ" —one of Baynes' two favorite songs on "Revelation Road."
"I began writing that song while on a trip to Israel," Baynes said. "My home pastor in Dublin, Dr. Cliff Morris of First Baptist, was teaching about the calling of Matthew while we were standing beside the Sea of Galilee. It could have been a day like this, perhaps very near here, he told us, that Jesus looked at Matthew and said, 'Come follow me.' The simplicity of Jesus' call overwhelmed me in that moment as I saw with fresh eyes what the Christian life is: following the Jesus who calls us."

Baynes' other favorite on "Revelation Road" is the musical tribute he wrote to his father, Jack, who adopted Mark shortly after he was born in Atlanta, Ga., and later adopted his sister, Katy, too. "Dad's Song" has since become an audience favorite at Baynes' concerts."It certainly doesn't have a 'Celtic' feel to it but, at the end of the day, I thought it belonged on the record," he said. "My 'Dad's Song' is the most personal song to me for obvious reasons. I'm most grateful to God for that song. After all the labors of love my dad has done for our family, I wanted to give him back a labor of love from my heart. It's just a small reflection of all that he has invested in me. Outside of knowing Jesus Christ and being married to Dawn, I can't think of anything I'm more grateful for than that William Jackson Baynes is my father."

Writing many of the songs in a cramped Scottish apartment, Baynes said that one of his own revelations was realizing a life of faith is always on the move. "The Christian life is never static," he said. "We cannot stand still and follow the Lord. The phrase 'along the road,' occurs in Mark's gospel repeatedly, especially after Peter's confession of Christ. From then on, Jesus is heading directly to the cross. We must follow Jesus along the road as well."When people listen to 'Revelation Road,' I hope they enjoy the excellence of the music. I pray they will not be satisfied with a comfortable routine but will be inspired to ask God, 'What road do you want me walking down?' I hope they will see life as a journey that ends with Jesus Christ. Jesus said, 'I go and prepare a place for you, so that where I am, there you may also be.' I long that they will keep their eyes fixed on God for revelations of Himself along the road they are called to travel."

Guests coming up

Just to let you know, Jasper Councilman Morris Studdard will be on "The People's Viewpoint" at 3:30 p.m. while Jasper Fire Chief Calvin Kluesner will be on at 4:30. James Phillips of the Daily Mountain Eagle, who has been involved with a board to look into a homeless shelter for Walker County, will be on Monday at 3:30 p.m., and Parrish Mayor Wayne Gross will be on the show at 4:30 p.m. Wednesday.

We're trying in earnest to get more guests in the studio now, as well as get some advertising. Also, we heard last night there have been some problems with the streaming audio on the Internet, but we're now trying to work that out. If you ever hear some problems with the audio on the radio or the Internet, let me or the station (WIXI, AM 1360) know about it immediately so we can fix it. Thanks.

Quick Review: "Night at the Museum: Battle of the Smithsonian"

This was the night I decided to try to go back to a drive-in theater that I knew of in my youth, the first time I've been back as an adult. I was greatly disappointed. I had to worry about my Buick (which loves to flash lights at a moment's notice). I had to deal with less-than-adequate gravel area to drive in. They didn't take cards, just cash or checks. You did better if you sat outside my car, because the windshield was really cloudy.

Worst of all, families now bring their children, who pop in and out of cars and are noisy to no end. You could also hear the mothers talking back to the kids, and some that seem to comment on the movie. It was family night out, and I guess if you have families you are used to it. I am used to enclosed theaters and respectful audiences, and I think I will stay there. I also like not dealing with no more light than a cell phone or a flash light. When the lights on the Buick came on again and looked like a lighthouse, I was humiliated enough that I somehow wedged myself out of the parking area (not easy) and fled without finishing the movie.

Thankfully, the movie was as bad as the drive-in experience. In fact, it might have been a perfect drive-in experience, because if you saw the first one, you didn't need much excuse in knowing the plot. The makers of "Night at the Museum: Battle of the Smithsonian" (the sequal to the popular original) must have known this, because they seemed to rush up the plot at lighting speed so the chase can begin. Apparently the New York museum we loved in the first movie has decided to go high tech and ship most of its materials to the Smithsonian in Washington (like they would take some of the dorky displays). Just as illogical, Ben Stiller's character, who barely got a guard job in the last movie, now is a successful inventor/TV pitch man but drops everything to rescue the artifacts when he finds out there is a REALLY evil curse that puts the come-to-life artifacts in danger.

This garbled plot, apparently written on a napkin at an L.A. eatery for all I know, is rushed through fast, except for stopping for stupid, silly conversations that are supposed to be funny but are not. There is an occasional poke at history or iconic figures that is has a giggle, but that's about it. It is a complete waste of very good talent, including Stiller, Hank Azaria (who also does some voice work, such as the "Thinker," whose "guns" are featured in the commercial), Owen Wilson, Bill Hadder and even the voices of the Jonas Brothers (as the Cherubs). I'll probably see the end of the movie...when it comes on DVD. And I'm really bored. (There must be a lot of bored people out there; so far the film has made $104 million and ranked a B-plus with Yahoo reviewers.)

By the way, before the movie, on the radio where the soundtrack is played, there was 1950s rock, and then on the way home I listened to, of all things, the live broadcast of the Grand Ole Opry, still clear as a bell on WSM 650 AM from Nashville. Those broadcasts were more entertaining than what I dealt with on the screen. That should tell you something right there.

Bulletin: Bham allows electronic bingo

The Birmingham News Web site reports the Birmingham City Council has voted to allow electronic bingo in that city.

Sherer will run for re-election; poll worker bill sent to governor

State Rep. Tommy Sherer, D-Jasper, said Thursday afternoon on WIXI-AM's "The People's Viewpoint" that he will run again for re-election to a third term in 2010. No Republican opposition has emerged, but a Republican indicated at Thursday's Walker County Republican Party meeting that that person will make an announcement this year for Sherer's seat. That Republican did not want to make a public announcement at this time. Sherer's announcement is the first that a Walker County legislator will run for re-election, as state Sen. Charles Bishop, R-Arley, announced he will not run. (Republican Greg Reed has announced he will run for the seat.) The status next year of state Rep. Ken Guin, D-Carbon Hill, is uncertain at this time.

Meanwhile, Sherer also announced that his long-suffering poll workers bill passed the Legislature and has been sent to the governor. That was confirmed on the state Legislature's Web site. The statewide bill essentially allows poll workers, who have worked 14 hours in one day at a poll site, to have a split shift. The poll worker would still have to undergo training, but would only work maybe six hours, Sherer said. He has worked for several years to get the bill passed. Sherer said the bill would also have to be cleared by the U.S. Justice Department, but no problem is expected.

Vance may set bingo hearing for August or September

Jefferson County Circuit Court Judge Robert Vance Jr. indicated from the bench Tuesday afternoon he wants to set a date to start hearing evidence in the Walker County electronic bingo case, either the week of Aug. 10 or on Sept. 10-11.

Vance was also expected to set a hearing in two or three weeks on a narrowly focused area of the hours of operation of bingo halls in relation to the number of permits had. He said any resulting order would probably be an interim order that governs bingo until he makes his major decision on the legality of electronic bingo in Walker County.

District Attorney Charles Baker said he did not think that would throw off the main hearing if it was set in August or September.

Vance clearly wanted to move the overall matter to conclusion after months of delays. Even after attorney Earl Hillard asked the case be set in September because of other work, Vance said he was open to that but kept mentioning August as a potential time. He also noted he would may have a decision on a date as early as the next day.

"This case has been sitting around awhile. I'm at the point we need to seek closure on the issues presented in this case," Vance said, opening the hearing in his Birmingham courtroom to a roomful of attorneys.

He feels the matter can be addressed in an evidentiary hearing within 60 days, with the primary issues being whether bingo includes electronic bingo -- something he said would take expert evidence -- and whether the business model of a group of charities allowing a co-op to run the games for them is allowable under the law.

"I'm growing increasingly concerned because of time," Vance said at one point in the hearing. He said it was no one's fault that the case had dragged on, saying it was the "nature of the beast" for the legal process to be deliberate. Still, it frustrated him.

"I think everyone wants guidelines but it's been spinning its wheels for two years," he said, noting that was "gnawing" at him.

He agreed with attorney Herbie Brewer that he was being asked to "micromanage" the case in some respect and that he has expressed concern about that. He said the Legislature and the Walker County Commission also failed to act.

"I'm also serving as something of a quasi-regulator," Vance said, saying that is what the motion asks him to do, regardless of whether it was proper or not--and adding he would leave it to others to decide that. On continued arguments, he said lawyers could present evidence the judge did not have authority to act in some respects, noting in the past he has "been spanked by Montgomery for going out too far on a limb."

Vance also revealed he had also been appointed to be the judge in the White Hall bingo case, joking that he is "glutton for punishment" and that he might should stop answering calls from Chief Justice Sue Bell Cobb, who also asked him to take the Walker County case after another judge dropped out after several months.

He said he had "no strong feelings" on whether to take August or September, but he said he would try to have a scheduling order within a day or so.

Attorneys Thomas Carmichael and Charles Tatum Jr., who are involved in the issue of whether the Yerkwood Fire Department is getting their fair share of bingo funds, pleaded with Vance to accelerate their hearing. Vance said he wanted to hold a separate hearing on that matter because he might not could get all the bingo issues before him done in the main hearing. He also pointed out that the Yerkwood issue is a class action issue, which brings up more legal complications as Vance would have to determine class.

"I candidly admit I put it on the back burner," Vance told Carmichael.

Carmichael said millions of dollars were rolling into the county through bingo, with 80 percent of the profits going to operators, 10 percent going to charities and only 10 percent left to charities. Tatum argued he had been told lawyers representing the bingo interests had been trying from the outset to drag out the case as long as possible to allow operators to make as much money as possible.

Vance said a motion from Sheriff John Mark Tirey on determining how long a bingo hall can open each week could be delayed two or three weeks, noting it raises significant questions. However, he said he was not comfortable ruling on it as evidence should be heard in the matter.

The 75-minute hearing, like others before it, soon bogged down in legal detail as lawyers around the room make points on whether Vance had authority to make some rulings and whether the rights of charities were being trampled.

The issue of "status quo," which involved a temporary restraining order on adding new charities to the case, came up, and with some arguing that the order was given to prevent delays in the process of adding more charities or bingo halls as defendants. Some argued it was just an agreement and not an order.

Baker, who filed suit with the sheriff to get a legal determination on electronic bingo, said many of the issues were just side issues, and he pressed to get on with a ruling on whether electronic bingo is legal and whether the machines used are slot machines. He said those two issues were "98 percent of the things that concern me."

At the end of the hearing, the sheriff's attorney Bill Adair said he would make a motion to drop the status quo restraining order, although Vance was hesitant at this late stage to take that action on the idea it could open the door to more unseen problems.

Baker said he agreed to move to drop the order -- even though he questioned whether it actually existed -- on the idea that it would speed up the case. He said a solution could be found in agreeing that new charities would also agree to immediately join the case.

State Rep. Ken Guin, representing bingo charities, said the county commission made rules but rescinded them because of concern over the meaning of the status quo order. Guin said the judge could clarify the authority of the rules in reference to the authority of the county commission, which would allow the commission to set the rules.

At one point, one attorney attempted to convince Vance that the charities operated the games, not the operators of the co-ops. Vance pressed for what the operators do if the charities run the games. The attorney said the operators "run the bingo halls," which resulted in laughter in the courtroom. Bingo hall attorney Bubba Grimsley later noted different bingo halls have different models of operation, which the judge would need to look into.

Arguments also went into the legality of seven charities due to technicalities in filing paperwork and their location. There was discussion about charities moving from one bingo hall to another despite a restraining order, and whether bingo halls were enticing the charities with bonus payments. Adair said there were reports of photocopies of licenses being displayed and accidents occurring in the permitting process.

After more than an hour of mind-numbing discussion, Vance admitted to having his fill.

"I believe we'll stop now," Vance said to laughs in the room.