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.