14Jun
Senate Redistricting Could Pave the Way for Alabama Gambling
Alabama Casinos and Gambling
Short Summary: There are only a few forms of legalized and regulated gaming in the State of Alabama, which include pari-mutuel live greyhound and horse racing as well as simulcast, Tribal Gaming (which technically doesn’t occur in the state) and charitable bingo. On this page, we look at these forms of gaming and present what types of online gaming are also available in the state.
The Yellowhammer State specifically legalizes and regulates the following forms of gambling:
- Charitable
- Pari-Mutuel
- Tribal
As with other states, Tribal Gaming is regulated partially by a compact with the YellowHammer State and the Tribes themselves may otherwise regulate their own casinos provided they do it in accordance with the provisions of the compact. In the case of Alabama, this compact allows for the Tribal Casinos to engage in Class II Gambling, which is Electronic Bingo.
The way, “Electronic Bingo,” works is that the machine payouts are funded by a pool. The machines look and sometimes play (with notable exception to Video Poker) like, “Normal,” slot machines, but the result of each spin is selected from a pool of possible results. It is not predetermined, per se, but at the same time, it is not completely random.
The Tribal Casinos can also operate Class III machines if they want to, though same have not been specifically authorized by Alabama. In fact, Alabama filed suit against the Poarch Band for the operation of Class III machines, but the lawsuit was thrown out on the grounds that Alabama had no authority to regulate the Tribal Gaming.
When you combine this fact with the fact that Alabama is a strongly Conservative state AND has no licensed and regulated casinos of its own, one can conclude that they would rather not have these Tribal casinos, but there is nothing they can do about them because they have no jurisdiction on Tribal land.
Alabama law does allow for pari-mutuel gambling, which consists primarily of gambling on horse racing and simulcast. Alabama, unfortunately, remains one of the few states to have legalized greyhound racing, which is completely barbaric. Apparently, subjecting dogs who have no choice in the matter to race for the amusement of people is morally just fine, but playing video poker operated by an EPROM chip, and therefore truly random, will rip apart the moral fabric of the state.
Pari-Mutuel wagering is just pooled wagering either by way of live betting or simulcast betting. Some states also have, “Historical Video Wagering,” which is wagering such that people place wagers on races that have already happened on a pari-mutuel basis. The entities who offer these forms of wagering take out a, “Vig,” which is a percentage of all bets made.
The final means of gambling is that Charitable Gambling is specifically authorized by the state, provided the entity to conduct the gambling has the proper licensing. There are restrictions on how many days a charity can conduct said gambling, betting amounts and what sorts of games/bets may be offered.
In terms of Bingo, any laws or regulatory issues regarding Bingo are left up to the individual counties. The state does not have anything whatsoever to do with live bingo.
Pari-Mutuel betting is also technically left up to the counties upon whom it is incumbent t create a racing commission should they choose to have tracks. There are currently four counties who have laws on the books in this regard.
In summary, the Yellowhammer State specifically restricts the majority of gambling, and what it does not restrict is left for the counties to handle.
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Online Gambling In Alabama
It’s unlikely that the State of Alabama will be legalizing and regulating online gambling anytime soon. In general terms, the state seems pretty gambling-averse as the only forms (outside of lottery) to be found are Electronic Bingo on Class II devices, actual Bingo and some raffles. In any event, none of these occurs online.
Alabama introduced a bill in 2022 that would have brought the prospect of at least legalized sports betting (online) to the Legislature for a vote, but that bill died in committee without even making it onto the floor.
As states increasingly recognize the revenue potential for online gambling, it remains possible that Alabama will want to jump into the mix, but given their historical disposition to gambling, in general, we think that they would be one of the last states to do so.
In the meantime, there are many offshore online casinos that offer their products in the State of Alabama, and those have the full slate of games that can be found anywhere else. In our perusal of Alabama law, the conclusion we reach is that Alabama would come down harshly on online casino operators (though offshores are out of their reach), but we could find no instance of Alabama ever pressing charges on a player just for playing online.
In theory, the state could decide that a device (such as a computer or phone) that is being used for gambling (by a player) constitutes a gambling device, which would technically violate the law, but we think that’s highly unlikely to happen. We certainly could find no instance of them ever charging someone under that statute
Land Casinos In Alabama
Carnival Fantasy Casino
We had previously listed the Carnival Fantasy Casino, which was a once-popular casino cruise that sailed out of Mobile, Alabama, under the former, “Gambling Options in Alabama,” section.
However, the Carnival Fantasy Casino ship was sold to the first bidder that Carnival could get and became another casualty of the Covid-19 pandemic, so it no longer exists.
Of course, the vessel itself was already quite dated and not particularly efficient, which is why it eventually found its way into a scrapyard. In the case of the Carnival Fantasy Casino cruise ship, Covid basically just sped up what was already inevitable. It probably would have ran five more years, at best, before the costs could no longer justify operating it. I think that’s especially true with the temporary spike in fuel prices we saw in 2021 and early 2022.
Birmingham Race Course Casino
Birmingham Race Course Casino is located at 1000 John Rogers Drive in Birmingham, Alabama.
This property has no hotel and is home to a greyhound track, however, there is presently no live dog racing in the State of Alabama as of the time of this writing. It does not appear to have been made illegal in the state, but I think Covid killed it at Birmingham Race Course and there’s a pretty good chance that live racing will never return.
As of right now, there’s no great reason to visit their website as, similar to Victoryland, it consists entirely of one webpage that doesn’t really say anything. You can get more specific information from their Facebook page, which can be found here.
We called the property and were told that there are between 250-300 machines at any given time, so this has morphed into an overgrown slots parlor. Additionally, greyhound simulcast wagering is available with a schedule available on their webpage. The schedule appears to only be one month at a time, but I doubt anyone reading this really cares about greyhound racing anyway.
The property is also home to a single restaurant, which is quick casual food and is economically priced.
Mobile Greyhound Park
Mobile Greyhound Park located at 7101 Old Pascagoula Road in Theodore, Alabama, is, remarkably, still operating.
This is another property that was once home to an active dog racing track, but as we have said, there is presently no live racing anywhere in Alabama. What comes as a real shock to us is the fact that this property remains open, even though it would seem they only have simulcast wagering and a restaurant. As of the time of this writing, it opens at 10:30 a.m. seven days per week and closes at 11:00p.m., except Sundays, when it closes at 8:00p.m.
The restaurant is quick casual food and also has a variety of really cheap Grab and Go items. While economical, it could be argued that the restaurant is a bit pricey for what it is.
There is a daily schedule for simulcast wagering available here, and it looks like they do simulcasting of both greyhounds and horses, whereas the former race track in Birmingham seems to only simulcast greyhounds.
From what we can tell, it seems that this place is hanging on by a thread.
VictoryLand
VictoryLand, located at 8680 County Road 40 in Shorter, Alabama used to be quite a happening place, but has declined (even closing once) and has drastically reduced its offerings throughout the years. Once home to a greyhound racing track, (there are no longer any active greyhound racing tracks in the state of Alabama, and Arkansas is being phased out, so West Virginia will probably be the lone holdout) VictoryLand also housed a 300 room hotel and a handful of restaurants.
The property opened in 1983 and did well for a couple of decades, but as the popularity of the greyhound racing, ‘Sport,’ began to decline, so began VictoryLand to decline. Interestingly, everything, apparently, EXCEPT the greyhound track closed in 2010, and none of the restaurants that were at this property at that time have reopened, nor has the hotel.
The casino aspect of the operation would remain closed for more than five years, but would eventually reopen in 2016, with just over 500 machines. I suppose that’s quite a bit relative to that area, but this would be a considered a very small casino virtually anywhere except Oklahoma and Montana, which both have, ‘Casinos,’ often with only a dozen, or so, machines.
Other states, such as West Virginia, may have properties that only offer five or seven machines (those numbers are West Virginia specific), but they refer to those as Video Lottery locations, or, “Parlors,” colloquially and they are specifically prohibited from advertising themselves as casinos.
The website for VictoryLand is just one page with virtually zero information and a phone number that does not work. For more information on the property, we would recommend that you take a look at their Facebook page.
As it stands now, the property is home to both, “Electronic Bingo,” (Class II Slots) as well as greyhound simulcast wagering. While some listings state that the property has no restaurants, according to their Facebook page, there is a fast food establishment called Willie’s Cafe that offers some grab and go items, or, you can hang out there and eat your food.
The Facebook page lists a different phone number, so check that out if you want to call them to see what might be going on. The page seems to be updated regularly and, as of the time of this writing, includes posts of calendars of their monthly events and free play giveaways.
Or, don’t call that number, because it also does not work.
It’s difficult to put a machine count on VictoryLand because we would have to rely exclusively on other sources. If there are any visitors there who happen to see this site, or if you work for the property, please feel free to reply to the Facebook message I sent you if you get the chance. If they should reply, and this has already been published, it will be updated.
Wind Creek Casino and Hotel Atmore
Wind Creek Casino and Hotel (one of three in the state) is located at 303 Poarch Road in Atmore, Alabama. This property has fared much better over the years than VictoryLand and has seemed to weather all of the various events of these last several years with their hotel operations intact. They might even have a working phone; they probably do.
The property receives an average Google Rating of 4.1, meaning, “Very Good,” based on a meaningful number of reviews. The only negative comments had to do with restaurants not being open when the normally would be, but the staff is considered nice and the property clean.
The property is home to 237 total guest rooms and suites, which appear to be pretty comparable to a decent limited service hotel, such as a Fairfield Inn, or something like that. Some of the rooms might be smaller than you would expect if you have stayed at an really new similar hotels, but they are clean and the furnishings and TV’s are modern enough.
The standard rate for weekdays, so assuming no holidays or special events, appears to range from $100-$150, as of the time of this writing. That makes it more expensive than similar properties in and around Atmore, but at the same time, they are the only property in town that has a casino. Beyond that, they almost certainly comp or discount rates for a great many of their players.
Holidays, weekends and special events we leave to your imagination. Even non-event weekends seem to be well over $200 when it comes to the rack rate, but again, one would assume that they comp a fairly high percentage of their rooms, or offer casino players substantial discounts.
I tried to get a sampling of Summer rates from their website, but it just says, “Sold out.” I highly doubt that they are sold out, from my experience working in hotels, I would have to say that they simply do not load their rates very far in advance. Otherwise, I’d have to believe that they are sold out most days in February, except Valentine’s Day weekend, which obviously would not make sense.
Standard amenities in all rooms include wireless internet access, coffee maker, at least a 42” LCD HDTV, in room fridge and, they say, an in-room tablet, so that’s pretty cool. They have also won a AAA Best of 2022 Housekeeping Award, so the reviews praising the cleanliness of the property certainly make sense.
Simulating a booking, it would appear that the property has no Resort Fee, so the plague must not have spread to Alabama just yet. The cynic in me says that it’s only a matter of time. Online is definitely the best value for gambling dollar as land casinos seem mostly interested in pinching folks at every turn these days.
Other features of the hospitality side include a spa with various pay services, an Infinity Pool that is restricted to guests of the hotel, which is certainly a positive for guests of the hotel. They also have a 750- square foot, “Fitness Studio,” which is really just a fitness room in that it’s not even double the size of one of their standard hotel rooms. Even then, it has decent equipment and many casino hotels don’t even have a fitness room, so there you go.
While some of Wind Creek Atmore’s dining options have occasionally been reported to have been closed when they should have been open, they do have several, especially considering that they don’t exactly have a ton of casino competition in the state. (They own 3/4 of the state’s casinos, including all of them with a hotel)
The property is home to five dining options, in total. As of the time of this writing, for fine dining dinner service Thursday through Sunday evenings, players and non-players alike will want to visit the Fire Steakhouse located, perhaps appropriately, near the casino’s high-limit room. Fortunately, by fine dining standards, the prices aren’t too extravagant and guests can expect to spend what they may typically pay at a more upscale chain steakhouse.
The Taste Buffet, as of the time of this writing, is open for all three meals of the day, starting at 7:00a.m. for breakfast and ending at 9:00p.m. (weekdays) or 10:00p.m. (weekends) for dinner. That’s an absolute plus for visitors to this casino as many casinos around the country shuttered their buffets during the Covid-19 pandemic, and some of those have yet to ever reopen. As casino buffets go, the prices are basically reasonable, though weekend dinners I would consider a bit pricey unless there is improved selection. I understand that weekends tend to be busier, but an $8.00 difference seems like a lot if you’re not getting anything extra for it.
The Grill Express reports that it is open 24/7 and is the property’s fast food location. You can expect to pay more for the fast food quality items, by a couple of dollars, or so, than you would at other fast food joints in the area, but sometimes you want something quick and you pay for convenience.
Yo Joe is a frozen yogurt shop, also serving milkshakes, that seems to be open in the afternoon and early evening hours of Thursday-Sunday as of the time of this writing.
Finally, the casino is home to one of the 17 gazillion Starbucks locations in the United States. I would assume that most of our readers would be familiar with Starbucks by now, almost regardless of where you live in the world, so no need for detail. It is open from 6:00a.m. until the late evening hours.
Of course, the entertainment doesn’t stop with the casinos and dining. When it comes to North American Tribal casinos, it rarely does, as many of them tend to have a focus on families.
Among their entertainment options, this Wind Creek location is home to a bowling alley that is open from noon to 10:00p.m., it would appear, seven days per week. There are also pool tables located in the bowling alley area. Of course, parents shouldn’t be on the casino floor all the time, so grab the kids from the Infinity Pool and bowl a few rounds with them. The prices are actually extremely reasonable and are comparable to locations that are only a bowling alley, so that’s refreshing to see.
That area of the property is also home to an arcade, which features 48 different games. Some of the games at this arcade are actually priced lower than standalone arcades, so I consider this entire area of the establishment to be a great value for the whole family.
For those of you who want to hit the links, the Atmore Country Club is also located on the casino’s property, so we think this is an example of a property that has actually earned the right to call itself a, “Resort.” Of course, this is only a nine-hole course, but that’s still going to get the job done for those of you who wish to get outdoors for a bit and, best still, it is open year round!
The property is also home to a four theater cinema that is open every day from noon to 7:00p.m., which I take to mean that the last showings of the day start around 7:00p.m. If you want to know what’s playing, then you can find them on their website here.
In terms of nightlife, the Center Bar, you guessed it, is located in the Center of the Casino floor. The property is also home to a lovely amphitheater adorned with a fountain, but if there are any shows presently scheduled, I do not see them on the website. I suppose you’ll have to call if you want more information on that.
The Event Centers and rooms are perfect for business conferences, wedding receptions, weddings, birthday parties and other celebrations alike and can be booked by calling the property. In total, the event facilities consist of more than 19,000 square feet of space and are capable of accommodating as many as 2,200 guests. With that, they are good for parties both large and small.
The property represents that it is home to more than 1,700 Electronic Bingo (Class II Slots) machines, which range in denomination from pennies all the way up to C-Notes ($100). While the returns may not be known, as they may not be required to report, many Class II machines are virtually indistinguishable from Class III “Vegas-style” machines to the average player. You’ll see familiar titles such as Double Diamond, Coyote Moon, 88 Fortunes and any number of others.
That’s everything you need to know about Wind Creek Atmore, which I would consider a legitimate destination property for those who live in the region, or who need to visit the Atmore area. For those of you elsewhere around the country, you’re probably closer to similar, or even larger casinos, so there’s really no need to go out of your way to see this one. Other than special events and frequent guests, it is mostly a locals joint or for people who are taking weekend staycations, but live relatively nearby.
Wind Creek Casino Montgomery
Located at 1801 Eddie L Tullis Road in Alabama’s state capital of Montgomery, this Wind Creek Casino is a bit larger than the one listed above.
Dubbing themselves, “The best resort on the Gulf Coast,” which may actually be true, this property is home to a sizable casino-hotel and shares many amenities with Atmore’s location.
One difference, however, is that this property actually has a lower room count, with only 123 rooms, but I would guess that there are a great many hotels in the Montgomery area, so they are sized to fit the market. One would also expect that a great many of this property’s out of town guests are staying at properties elsewhere in the city and visit in the evenings.
With that said, this property’s rooms have a vaguely ocean theme and are ever so slightly more modern than the rooms at the Atmore location. Similar to Atmore, the housekeeping standards are more than up to par, so guests to Wind Creek Montgomery are sure to be satisfied with their accommodations. It would appear that the standard rooms here are also slightly larger.
Amenities in-room are pretty much the same thing as the Atmore property, with the exception being that all rooms at the Montgomery hotel have a glass-enclosed shower, which these properties seem to think is a huge drawing point, for whatever reason. Me? I’m mainly just concerned with whether or not the water pressure is any good. Again, housekeeping is sure to be on point as this is another AAA Four Diamond location.
Other hotel amenities include a spa (paid services) as well as a barbershop, which is something that Atmore doesn’t have. There’s also a large and very attractive outdoor pool, at least, when outdoor swimming is in season. The fitness room is also much larger than that of Atmore, so for those of you who want to maintain your workout regimen while on vacation, you’re sure to find the equipment that meets your needs.
Room service is also available at the hotel for all three meals of the day on weekdays, but on weekends, strangely, only during breakfast and lunch hours.
From what I can tell, rack rates are substantially similar to those of the Atmore property with non-holiday and non-event weekdays usually coming in at $129 or $149 for standard rooms and weekends that are not special events being in the mid-$200’s. When it comes to holidays and special events, your guess is as good as mine! As of the time of this writing, however (December 2022), New Year’s Eve is just over $600, and one would assume that is the most expensive night of the year.
Once again, there is no sign of the dreaded Resort Fee, so the complimentary amenities are just that—actually complimentary and included in the rate you see.
The property is going to be home to something called the Poosa Jeep Fest, which is the second annual such festival and is scheduled for March of 2023. I guess Jeeps are a big thing in Alabama.
The Poosa Q fest is more to my interest as it seems to be a large BBQ competition (oh, sweet God, YES!) that also takes place annually. I would definitely recommend attending that, but be sure that rooms will not be cheap.
The property lists only three dining outlets. The first of these is the B.B. King’s Blues Club which opens at 8:00a.m. daily and is open until the late night hours. This restaurant features traditional Southern cooking and extremely economical breakfast choices. Lunches and dinners won’t set you back too much, either, as most of the selections are, in my estimation, only a few dollars more than one would expect to pay at a standalone American casual chain restaurant.
Lucille’s Eatery is kind of a spin off of the restaurant above and is a 24/7 location for some quicker, and perhaps lighter, fare. The good news is that all the folks who like to stay up late, often to drink, have the opportunity to get something on their stomachs before going to bed–which is a habit I highly recommend, and I should know. The prices you can expect to pay are a few dollars lower than the restaurant proper and are a few dollars more than your average fast food location, but you pay for convenience.
Itta Bena is the closest thing the property has to fine dining and is open for dinner service Wednesday-Sunday evenings. Additionally, there is also a Sunday brunch. It describes itself thus:
Southern fine dining with a Beale Street twist. From crab to shrimp to potatoes to grits, it all comes together perfectly when your plate hits the table. Add to that our fine wine list, dessert and tasty entertainment, and you’ve got yourself one memorable experience. Itta Bena is the place to wine and dine in Montgomery, AL.
From the name, I’d have thought Italian, but I guess not; seafood seems to be the main attraction to this restaurant. Either way, the prices seem to be quite reasonable and roughly in line with a national chain seafood restaurant, such as Bonefish Grill. Being so close to the Gulf, one has to assume that the quality of the food is unbelievable. They’re probably used to that down there; I’m probably a little jealous.
That covers it for all of the non-casino amenities, so this is not quite the family friendly location that the Wind Creek property listed above is. Quite frankly, if the pool is not in season, the kids won’t have a whole heck of a lot to do on property. Much more a good place to spend a weekend for a couple.
In terms of the casinos, they represent that they are home to more than 2,200 Electronic Bingo (Class II) Games ranging in denominations from penny machines to ones where $100 will buy you one spin! Again, these are not, “Vegas-style,” slot machines, so paytables will not necessarily reflect returns on devices that look like Video Poker or Video Keno (because they don’t have to correspond to natural probabilities), but your average slot machine player could never tell the difference.
Overall, we would consider Wind Creek Montgomery a less family-friendly destination than the company’s Atmore property, but is a very lovely and modern property that is perfectly suited to both singles and couples visiting the Montgomery, Alabama area. It’s also a good spot for those who live somewhat nearby to spend a weekend. While the dining selections are somewhat few, they look very good and the property’s pool is really nice, when in season.
Wind Creek Casino Wetumpka
Wind Creek has a third Alabama casino, this one located at 100 River Oaks Drive in Wetumpka. This is another casino hotel property that reviews well, averaging a 4.2, “Very Good” score on Google.
Another AAA Four-Diamond rated hotel, also known for its devotion to cleanliness and guest services, the Wind Creek Casino Wetumpka’s hotel features a total of 283 guest rooms and suites. The rooms in this hotel are modernly appointed and are quite similar to those of the Atmore property with the main difference being they are slightly larger.
Amenities are substantially the same as the other hotels, except they must have got a bulk deal on TV’s somewhere else, because this property advertises all TV’s as 46”, or larger, which is slightly (but not noticeably) bigger than the TVs in the other properties. I seriously doubt very many gamblers are worried about a TV being two inches larger, anyway.
One amenity that seems to be lacking, at least per their listings, is that not every room will necessarily have a mini-fridge, which is unfortunate, if true. They do make it a point to mention that all rooms have irons and ironing boards, though, so for those of you who still iron clothes in 2022 (society has largely abandoned this pretense) there you go. I suppose it’s useful if you have some formal event to attend…I guess.
Room rates appear to be a bit higher than their other properties with $149, as of the time of this writing, being the apparent minimum for non-event non-holiday weekdays while weekend rooms, even during non-event weekends, will set you back more than $250. We won’t really guess what special events might cost, but we can say that New Year’s Eve bookings were over $600 for 2022, so that’s probably about the highest the rates ever go.
Once again, no Resort Fees, so at least that’s good.
Property amenities include the Oasis Pool & Bar, which is open every day, and has a few hours in the evening reserved for adults-only time, for those looking to relax. I suppose the kids may not love it, but I am sure those singles and couples who stay at this property are very appreciative.
Additionally, the property is home to a modest fitness room that should have enough different types of equipment to get that daily workout in, even though, as almost everyone who has ever vacationed knows…you probably won’t anyway. There’s also a Spa Reserve that offers both day passes or individual services for an additional charge.
When it comes to dining, guests of the property have five options, which are basically the same as Atmore. The fine dining option is, once again, Fire Steakhouse, except this one is dinner service Tuesday-Saturday, so is closed Mondays and Sundays. For one reason or another, the prices at this one are noticeably higher than the prices for the Fire Steakhouse at the other property, but it could just be a failure to update their site on the other one; I’d recommend calling for more information.
The property WAS home to a buffet, but that closed during the Covid-19 pandemic and has yet to reopen. If you’re looking for a casino and you want it to have a buffet, then you’ll have to go to the Wind Creek in Atmore…which, I suppose, means that is the only casino buffet in the state. They should start marketing that!
The Grill is open seven days a week, starting at 7:00a.m., and serves all three. The prices are quite reasonable for this Casual American restaurant, perhaps $1-$2 more, per item, than you might expect to pay in a national chain restaurant, which isn’t too bad, by casino standards.
The Grill to Go is open 24 hours and is basically a stands to grab some quick eats from a limited menu. If you just need something quick, or if you have stayed awake late into the night, then this is the place to go to grab a bite. The prices at this outlet are even cheaper than many fast food places.
Finally, there is a Starbucks location that opens daily at 7:00p.m. and stays open until the late evening hours, except Friday and Saturday, when it’s open until midnight.
The Center Bar, as you would expect, is located in the center of the casino floor. The property is also home to a modest Entertainment Center, so we would recommend looking at their page for more details and showtimes. Shows are sporadic, though they do bring in pretty big acts on occasion. For one example, Josh Turner performed in December of 2022.
Finally, the property is home to more than 2,000 Electronic Bingo (Class II) machines ranging in denomination from pennies to $50/credit. They say the max bet at the property is $150, which should be plenty high enough even for the highest of rollers. As we mentioned before, the average slot player wouldn’t know the difference between Class II and Class III slots, however, Video Poker and Video Keno players should be aware that the VP and Keno do not necessarily have to correspond to natural probabilities.
That’s everything there is to know about the Wetumpka location, which seems to have a little less going on than the other two properties. The Atmore property is definitely the one to visit if you are traveling with children for your vacation as they have the bowling alley, arcade and movie theater. Wind Creek Birmingham might be the casino-hotel to choose if you are traveling as a couple, especially when the pool is in season.
Are Casinos In Alabama Legal?
In terms of land-based casinos, it depends on how you look at it.
When land is owned by Indian Tribes, such as the Poarch Band of Creek Indians, it is theirs to do with as they please and is mostly not regulated by Alabama law. Which is why, much to the chagrin of the Yellowhammer State, these machines may exist at some of these locations.
As we see with one of the simulcast racing centers, if the Tribe owns property that is located on land that constitutes the State of Alabama (as opposed to Tribal land), then the tribe may not offer any sorts of machines at that place as it falls under the regulatory jurisdiction and purview of the State of Alabama, and more specifically, the County in which it is located for live racing, simulcast racing and live bingo operations.
The cruise ship gambling is legal to the extent that waters are generally excluded from regulatory oversight, so when the ship leaves port, after a certain number of feet into the water, it is no longer in the State of Alabama. That’s why the casino may not operate while the ship is in port or for the last few feet as it approaches port.
Therefore, brick-and-mortar casinos in Alabama are, in fact, illegal. However, there are casinos that some people would consider, “In the state,” that are operating perfectly legally.
As we discussed, back in 2013, the State of Alabama attempted to sue the Poarch Band of Creek Indians for offering Class III Gaming devices (which are the kind you would find in states with licensed and regulated casino gambling) and the State of Alabama lost in this lawsuit.
In terms of gambling laws as relate players, the State of Alabama offers that it is illegal to, “Knowingly advance or profit from unlawful gambling activity as a player.”
Therefore, any form of gambling that is not specifically authorized by the state, that takes place in the waters or on tribal land, is specifically illegal. Again, the reason that is so is because those forms of wagering are not taking place within the state, or have otherwise been specifically authorized by the state.
The state conveys upon its counties the right to authorize live and simulcast wagering, as well as to regulate it, by creating a racing commission for the county. Therefore, those forms of betting are specifically legalized as the rights and responsibilities have been conveyed unto the counties and the counties have chosen to do that. The same can be said for charitable live bingo, where it is conducted because the state has specifically legalized that.
Pursuant to the wording of the statutes, both online gambling, as well as social gambling, would be illegal, but no law enforcement authority would ever take action against a person for gambling in their own home, online and we have certainly never heard of them doing so. Granted, if you were operating an online casino from within the State of Alabama, there would undoubtedly be consequences for that, but nobody has any way of knowing if you are just a player playing at an overseas website.
When it comes to offshore websites who operate within the State of Alabama, they are technically doing so illegally, but Alabama does not have the jurisdictional law enforcement reach to really be able to do anything about it, even if they wanted to. It is for that reason that the owners of online casinos that offer services to U.S. players (other than those specifically licensed, authorized and regulated by the states, such as in New Jersey) don’t make it a habit of coming over here or making themselves known if they do.
Alabama law also makes, “Possession of a gambling device,” illegal and defines it as any device that is being used to gamble. In other words, by gambling online, your computer could theoretically become a gambling device. Again, there is no way that this law would be enforced against a mere player who is playing from home unless he decides to report himself!
In terms of enforcement, Alabama has aggressively closed a few, “Internet Gambling Cafes,” which would be public-facing businesses. They have also cracked down on illegal sports betting rings, one of which was an actual sports gambling site that was based in Alabama and offered its services to citizens of Alabama. From what we can tell, no action has ever been taken against a mere player for playing online.
It was previously reported on this site that Alabama simply chose not to do anything about electronic bingo, horse and greyhound racing and slot machines, so we should correct that.
Electronic Bingo: This is conducted by the Tribes who conduct it on Tribal Land and regulate it themselves. This technically takes place on Tribal land, so the State of Alabama has no authority to make it illegal.
Slot Machines: Again, Tribal land, the Yellowhammer State lacks any jurisdictional authority to do anything about this, even if they wanted to.
Live and Simulcast Horse & Greyhound Racing: The State of Alabama specifically confers the right to the counties to authorize and regulate these activities themselves by way of creating county racing commissions. These forms of gambling are not at all illegal in the State of Alabama, provided they have been regulated by an agency created by the county.
Lottery
As of the time of this writing, the State of Alabama does not have a lottery. However, the State Senate recently decided, On April 13, 2021 to toss the matter to the state’s voters to decide on both a lottery and other forms of Commercial Gambling—to maybe include state-licensed casinos.
The passage in the Senate does not result in a Constitutional Amendment as the House of Representatives must still vote on this matter. After that, the Amendment will serve only to give the issues to the voters, so the earliest would reasonably expect anything impactful to happen would be November, 2021.
Here’s a good quote from the news report (fair use) linked above:
“Every time I go back to my district, the message is clear: people want to have the right to vote on a state lottery and gaming,” said Sen. Jim McClendon, R-Springville. “I appreciate the input from my colleagues in the Senate and the willingness of members of the House of Representatives and the governor’s office to participate in a discussion about this transformational issue for our state. I am hopeful about the potential of getting this constitutional amendment in front of Alabamians so that they have a chance to make the final call on this critical decision for the future of our state.”
We see it as a positive, even though lottery returns are terrible, that the voters in the state are going to be the ones to decide this issue. There are certainly any number of residents who would like to have lottery and casino gambling within the state’s borders, and others, who may not make use of it themselves—but think it’s fine for other people to have access to. Besides that, as we have seen in any number of other states, it’s a huge revenue driver.
Just remember that this is far from a safe bet, even if it gets to the voters. It wasn’t that long ago that the State of New Jersey voted AGAINST expanding its casino operations outside of Atlantic City. On the other hand, some counties in Virginia voted that they want to be home to casinos just last year (2020), so I think it’s a combination of what voters’ natural tendencies are as well as what side of the yes/no spends the most money.
Prognosis For The Future
We do not expect the gambling laws in the State of Alabama to change too much. It’s still quite the Puritanical Christian Conservative state, and quite frankly, they wouldn’t even put up with the machines on Tribal land but for the fact that they have no choice.
Conclusion
The State of Alabama is undoubtedly one of the more restrictive states when it comes to gambling, and that is not likely to ever change. The only way it might is if they ever face a significant budget deficit, as that occasionally seems to change the minds of some Legislators as being an easy money grab.
At the time of this writing, the State of Alabama does not even conduct a lottery, which is easy revenues, so that should tell you how far they are behind the rest of the country.
Online casino players should have nothing to worry about if they are just playing from home on an off-shore located website. Not only would Alabama law enforcement have no real way of knowing about such activity, it is also extremely unlikely that they would ever have any reason to care. We can certainly find no instance of any mere players falling into legal trouble.
References
Related News
You must be 18 or older to gamble in Alabama
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