State sued over seizure of slots

GREENVILLE, Miss. -- Raids that led to the seizure of more than 40 game machines have triggered a lawsuit against the state Gaming Commission.

Stanley Wright of Greenville, owner of Midway Truck Stop on U.S. 82 East, and SD Amusements of Mississippi filed the lawsuit last week in Washington County Circuit Court.

They claim the seizure of their machines in January violated state law as well as their federal and state rights.

Last month's raid sent officers into 14 businesses and a residence. In addition to the machines, officers seized approximately $8,000 and some illegal betting slips.

Wright, 60, and SD Amusement are identified as the owners of video game machines known as "Cherry Master Eight Liner." They claim that each machine has a retail value of approximately $2,000.

At the time of the raid, Wright owned four of the games and SD Amusement owned 16 machines, all located in Washington County.

Commission agents, "without notice to the plaintiffs and without authority of law or jurisdiction," seized the machines from the their places of business or from locations that had permission to operate the games, according to the lawsuit which gives only one side of the legal argument.

The games are not considered gambling devices as defined by state law, according to the lawsuit.

The plaintiffs also complain that regulators violated their constitutional rights by not notifying them of any alleged violations of law and for not providing proper notice that the machines were about to be taken.

The plaintiffs contend a judge in a similar case ruled that regulators have to provide proof of payoff by any machine prior to seizure.

"With respect to the machines of the plaintiffs, no such proof exists," the lawsuit claimed.

Wright and the amusement company said they had attempted to comply with state law by modifying the games.

The plaintiffs want the court to order the commission to return the seized video game machines and all money seized from the them.

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