Gaming businesses in Selma gamble on machine legality as city, state discuss possible shutdowns

Storefronts and gas stations offering adult gaming devices have popped up across Selma in the last six months as owners take a gamble that law enforcement won’t shut them down. 

Over the years, state and local law enforcement agencies have deemed similar machines illegal and even shut down a gaming establishment in White Hall in neighboring Lowndes County just six months ago. 

But Selma gaming business owners say they are operating legally under a Selma ordinance going back to 2002 that allows “adult gaming devices,” as long as the owner of the machines purchases a tax stamp from the city for $750 a year in the city and $375 in the police jurisdiction. 

It is unclear how much money the city of Selma has made on gaming machine licenses. That’s because the city of Selma has not responded to formal requests made by the Selma Sun asking how many stamps have been given in the city of Selma, how many establishments are in operation and how much revenue the city has made on the stamps. A written request made to the city’s revenue department three weeks ago has gone unanswered, as has a formal request asking for an interview with Mayor James Perkins Jr. 

In a television news interview, Perkins called the machines legal if they are games of skill and not chance. However, Selma Police Chief Kenta Fulford sent a cease-and-desist letter to several establishments in December warning them that their electronic gambling machines were unlawful. As reported in the Selma Sun, an attorney representing one of the establishments told the City Council that his client is “operating in the open” and has paid the city license fees for the machines.  

Despite the letters, gaming establishments continue to open and operate in Selma. 

Discussion about the businesses’ legality has elevated to the state level. 

Alabama Attorney General Steve Marshall’s office issued a statement to the Selma Sun saying, “the Attorney General’s Office has received reports of illegal gambling activity in Selma. As with any criminal activity, we expect for local enforcement to address it immediately. We stand ready to assist as needed.” 

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Marshall, who was in town for a victims’ rights rally on April 27, told the Selma Sun that there has been discussion with local officials. 

One of those officials is Dallas County Sheriff Mike Granthum. He said he has spoken with Marshall, and they are “looking into the legality” of the gambling shops. 

“If the house is passing out money, that’s not adult entertainment; that’s gambling,” Granthum said. “As soon as we get an opinion from the attorney general’s office, we’re ready to go. … We’re going to shut them down.”  

Granthum said that while his department has not yet seen an uptick in crime related to the growth in adult gaming establishments, he expects the establishments will “breed crime.” People coming and going with large amounts of cash may attract robberies that could “end up with a murder if someone resists,” he said. 

District Attorney Robert Turner Jr. said he has received questions from elected officials in Selma about the legality of the gaming businesses and “stands by the fact that (adult gaming devices) are illegal under state law.” But it is law enforcement’s job to “surveil these places,” he said, and provide his office with evidence to sustain a conviction. That will require investigators and time, and the agency that closes the establishment will have to arrange for places to store confiscated machines.  

Selma officials have discussed strengthening the city’s position on gaming. In a December City Council meeting, Councilman Clay Carmichael said gambling machines can only be lawful if the county has an act from the Alabama Legislature allowing them, and Dallas County has no such act. Carmichael, at the time, made a motion to tighten gambling restrictions by rescinding the city’s 2002 ordinance allowing adult gaming devices. The council voted to table the motion, and it has not come back up again. 

Selma Sun Reporters Todd Prater and Cindy Fisher contributed to this report.