Local arcade owners challenge law

Published 12:00 am Tuesday, June 18, 2002

A month after two Perry County arcade owners filed a preliminary

injunction against Dallas County District Attorney Ed Greene to halt the seizure of arcade machines, two arcade owners in Selma have filed a petition asking the court to do the same.

According to court documents filed in District Court on May 30, DLG Consultants, Inc., owner of The Arcade, and Daniel Davis, owner of the Silver Star Arcade, filed a complaint for a temporary restraining order and preliminary injunction that would stop Greene from enforcing his “cease and desist order” of all video gaming machines.

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Following the state attorney general’s opinion that video arcades are illegal, Greene sent out letters to all video gaming owners in the Fourth Judicial Circuit, advising them to cease and desist operating illegal gaming establishments by June 1.

So far, no machines have been seized in Dallas, Wilcox, Perry, Hale and Bibb counties by law enforcement. The Island Arcade located on Highway 80 West in Dallas County is the only establishment that has voluntarily closed its doors.

Duboise Gilliam, owner of the Arcade on Broad Street, has gone one step further in the arcade battle. He has filed a petition against the city of Selma, asking the court to halt the city from collecting municipal tax on arcade machines.

Gilliam filed the petition on June 13 and has hired Jim DeBardelaben & Westry, P.C. of Montgomery to represent the Arcade and Silver Star on both matters.

In February, the city council passed an ordinance to levy a municipal tax of $750 on each “adult video gaming machine.” Gilliam allegedly owes the city $45,000 in video gaming taxes. It is unclear if other owners have paid their taxes, but the owner of The Island Arcade paid his taxes and is now upset that he closed his business and can’t get his money back.

Officials at both arcades say business has not slowed down since the District Attorney’s office sent out letters advising them to close their video gaming establishments.

Greene, who was in Bibb County, could not be reached for comment. He has stated in the past that “arcades are illegal and he would enforce the law.”

City Attorney Jimmy Nunn was also unavailable for comment.