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.

A bingo dilemma in Dora

If anyone needs an example of the dilemma faced by good people who decide to use bingo to fund good things, Dora may be a good example after Tuesday night's work session of the Dora City Council.

(NOTE: Ed Howell's "Talk of the Town" on WJLX, 1240 AM in Jasper, will air the 24-minute debate on its 2 p.m. Wednesday, March 4, broadcast, which can also be heard live and over the next week on www.walkercountyradio.com.)

At one point, the council began to discuss about the proceeds of a bingo charity called the Dora Fire Department Community Action Group. A while back, the outgoing council before the new administration took office voted to have the fire department not accept electronic bingo funds.

Councilwoman Kristie Tuggle, who opposes electronic bingo, was not happy that a charity was set up with the name "Dora Fire Department" in the long title. She felt it still gave the impression the fire department was collecting electronic bingo funds under this charity, which Dora Mayor Chris Edwards said is registered with Country Classic Bingo.

Told by Edwards, the former fire chief, that the group is separate private group and that the sheriff had approved it as a charity, Tuggle responded, "But I think it is misleading that it says Dora Fire Department Community Action Group, because they do no own the Dora Fire Department and that is the implication that that name gives. That name needs to go away because that is giving the implication this council has voted no on bingo but, yes, we've started a charity to accept money for the fire department."

The impression that the fire department was involved turned out to be more than passing. Edwards, pressed on who was involved with the group, revealed five or six members of the fire department were behind it. Councilman Nick Isbell, who is part of the volunteer fire department, was revealed during the meeting as one of the firemen who is part of the charity. He said it was designed to collect funds that could be used in time solely for fire department equipment, although no funds have been transferred yet.

Tuggle said the city is liable for the equipment purchased. Isbell said if "someone dies because we don't have the proper equipment, who's fault is that?" He said some of the current equipment is 15 years old. He also asked how was this different than accepting alcohol and tobacco taxes.

"Look how crooked the government is and we accept money from it," Isbell said. (Well, you may have us there, but ...)

He also alluded to some long-standing allegations that money intended for the fire department went missing. (As I recall, then-Mayor George Sides denied this last year.) Isbell said the money was set up so that it would not go through the General Fund, although someone later said any funds for the city have to go through the General Fund.

Isbell said the group had a tax account number. When Tuggle asked where the group's account was set up, Isbell said, "Do I have to tell you?" Edwards then said, "It doesn't have to be discussed here at all because it ain't city business."

"I think it is city business because we voted no," Tuggle said.

Eventually, Councilmen Gary Thomas and Hezekiah Walker also expressed concern about using the fire department's name in the charity's title.

Edwards and Isbell said the group was set up last summer. Did we say last summer? Yes, and there lies another problem. Even though Walker County Sheriff John Mark Tirey approved the bingo charity, it apparently does not meet the requirement that the charity needed to be set up for five years and own property for five years. Asked what property the charity owned, Isbell said during the meeting he was not sure about that.

Council members were mostly concerned about the name, indicating that if the group changed the name, it would be alright. They did not want to give the impression that the fire department was taking bingo money, and having "Dora Fire Department" in the name would not make a good impression. However, here's the question I have: Even if you change the name and accept a donation, isn't that the same thing as prevented by the council resolution? This was set up by firemen who belong to the fire department for the benefit of the fire department. You could call it the Mystic Order of the Benevolent Tuna Salad Appreciation Society and it still appears to be the Dora Fire Department.

Moreover -- and let's forget what the sheriff has or has not been approved; the whole permitting process for charities is pretty much in shambles -- there appears to be no doubt that the charity does not follow the most basic rules, practically the only rules we seem to agree on for bingo in this county: The charity must have existed for 60 months and own land for that amount of time. (Tuggle said Tuesday night the East Walker Chamber of Commerce "didn't meet the guidelines but they still let the chamber have it," referring to approval to be a bingo charity. No one from the chamber was present at the meeting.)

This is not to say that the Dora Fire Department is a sham or that the department doesn't do good works. That is not to say it doesn't need good equipment and more funds, especially in this economy. The department and Isbell do a good job, and I appreciate the service they do. Anyone who remembers Sept. 11 and has seen the movie "Fireproof" can't begin to state how much we appreciate their service.

However, the firemen of this county opened the door to this, perhaps with a certain amount of naivete, after a bingo lawyer promoted the benefits of electronic bingo at a firemen's meeting. Starved for cash, the fire departments signed up to be charities, following the Pied Piper all the way down the path we have all been forced to take. It has now come down to the point that firemen feel they have to create some fire department appreciation society to get charity funds (albeit before the council apparently voted to prevent firemen from participating).

I can understand the frustration of charities, particularly of firemen. It is easy to go after bingo money; I've been put into some tempting situations recently, some of which would really only be incidental in connection, but I've decided against those situations as best as I can manage for the sake of erring on the side of avoiding conflicts with my stand and my associations. Turning down money and opportunities is not easy, but racing after bingo money is not the answer.

And even if it was, taking the road that Dora firemen went down appeared to be in conflict with the wishes of the city council. The group easily could have changed its name after the vote, but even then it walked like a fireman, talked like a fireman and acted like a fireman. The fire department should have abandoned the effort.

I hope the Dora firemen can find another source of funding if it needs turnout equipment that badly, and after 15 years it probably does. But this was one fire the department should have put out and didn't. It is a lesson of how easily we can get burned by this raging blaze that seems intent on leaving our county in ashes.