California Charity Bingo Association Welcomes Federal Court Decision to Halt
State Seizure of Electronic Bingo Aids
SACRAMENTO, Calif., June 5 /PRNewswire/ -- A federal judge today enjoined
the California Attorney General's office from seizing electronic bingo aids
that many charities rely on to stay in existence.
Federal Judge John A. Mendez granted an emergency request for an
injunction filed by United Cerebral Palsy of Greater Sacramento, WIND Youth
Services, Video Gaming Technologies, Inc. and two individuals with
disabilities. In addition to arguing that electronic bingo aids are legal
under state law, the injunction request also claimed that banning the aids
conflicts with the Americans with Disabilities Act because the technology
allows people with disabilities to overcome barriers they face if playing
strictly on paper.
"We're extremely pleased by Judge Mendez's thoughtful decision. This
ruling maintains the status quo and allows the charities to continue with
their critically important fundraising functions to benefit their individual
causes. It's a great day for charities, but it's an especially great day for
the millions of Californians who depend on charities to lead fulfilling,
independent lives," said Ravi Mehta, executive director of the California
Charity Bingo Association (CCBA), which represents many of the charities that
would be hurt by the state's action. Mehta also belongs to the legal team that
filed the injunction request.
By granting the injunction, Judge Mendez allows charity bingo parlors to
continue operating until a court hearing is set to hear arguments and render a
final, permanent decision.
Lawyers representing the state Department of Justice's Bureau of Gambling
Control had argued that the electronic aids to bingo are illegal slot
machines. The state claims that the booklets of paper bingo cards used with
the electronic bingo aids do not properly fit their legal requirement for the
use of "cards" in bingo games. The Judge disagreed and said he did not believe
they were slot machines. Agents intended to follow through on cease and
desist orders issued to charity bingo parlors last month by seizing electronic
bingo aids starting Friday.
The use of technology maintains the underlying game of bingo and the
manner in which it is played, with the only difference being that the bingo
card is an electronic card as opposed to a paper card. Each and every other
component of the underlying game of bingo played on an electronic bingo aid is
identical to the game played strictly on paper. Players must still compete
against one another instead of against a machine to match winning bingo
combinations. The charities hand out paper booklets with printed bingo
combinations that players use for reference, which is functional and in
keeping with state law.
In requesting the injunction, attorneys for the plaintiffs successfully
argued that the state's banning electronic bingo aids would amount to an
unconstitutional seizure of private property and discrimination against
persons with disabilities, and would eviscerate a major source of charity
funding.
SOURCE California Charity Bingo Association
Will Holbert of Runyon Saltzman & Einhorn, +1-916-496-7318, for the California
Charity Bingo Association
