By Jimmy Simms
QUOTE
A Cullman County man seeking to open an Internet Cafe/Sweepstakes business similar to the one raided by local law enforcement in April as an illegal gambling establishment, will have an opportunity to plead his case today.
Dennis Mann filed suit against Cullman County District Attorney Wilson Blaylock on May 19, requesting a declaratory judgment that would prohibit the "unauthorized and illegal removal" of machines that would result in the shutdown of his business.
The case, set for a hearing at 9:30 a.m. today at the Cullman County Courthouse, is the second involving an alleged sweepstakes to come before Circuit Judge Frank Brunner.
Brunner was the presiding judge during a June 9 hearing in the case of Ricky Graveman vs. Wilson Blaylock. That suit seeks a permanent restraining order that would allow Graveman to reopen his telephone card sales/Internet sweepstakes business in Good Hope.
After seven hours of testimony, Brunner took the defense motion under advisement.
Graveman, owner of Ricky's Internet Cafe, and his wife Annette, also face charges of promoting gambling and possession of gambling devices.
At issue in the Graveman hearing is whether local authorities legally seized 28 Internet viewing terminals and related equipment in a April 25 raid at the business, located at 907 County Road 437 in Good Hope.
The motion for a permanent restraining order seeks the return of those terminals and related equipment to Graveman who would be allowed to reopen his business as a phone card sales/Internet sweepstakes operation.
Brunner said Wednesday he will not issue a ruling in the Graveman case prior to today's hearing.
"If it is determined that the question of law in both cases is identical, then my ruling would apply to both," Brunner said. "I don't anticipate issuing a ruling in either case on Friday. Once the Mann hearing is concluded, I think it is likely that I will issue a ruling in seven to 10 days."
In his complaint, Mann, who is represented by Cullman attorney S. Wayne Fuller, states he is presently in the process of preparing to conduct a sweepstakes promotion as well as opening an Internet Cafe and digital communications center involving the sale of computer time and other services.
"Nothing is paid for sweepstakes entries and free entries are also available," the complaint states. "It is undisputed that sweepstakes entries are legal in Alabama and ours is a legal sweepstakes."
Mann's complaint further states that the plaintiff (Mann) notified the DA (Blaylock) that he anticipates opening an Internet Cafe and offered the machines for inspection.
"The defendant (Blaylock) will not clarify whether he intends to attempt to shut down the operation or seize the machines in question. The plaintiff has gone to great expense to prepare the legal documents and purchase equipment to proceed in the operation of the sweepstakes in question and Internet Cafe," Mann's complaint reads. "A declaratory judgment is requested to prohibit an unauthorized and illegal act of the removal of the machines resulting in a shutdown of the plaintiff's business."
In his answer to the complaint, Blaylock denied the allegations and contends the plaintiff:
• Failed to plead a justifiable controversy which should be settled by declaratory judgment.
• Lacks standing to bring the cause to action.
• Requests this court enjoin the defendant from performing his constitutional duties and acts of his office.
Just as he did during the Graveman hearing, Blaylock is expected to represent himself today.
Dennis Mann filed suit against Cullman County District Attorney Wilson Blaylock on May 19, requesting a declaratory judgment that would prohibit the "unauthorized and illegal removal" of machines that would result in the shutdown of his business.
The case, set for a hearing at 9:30 a.m. today at the Cullman County Courthouse, is the second involving an alleged sweepstakes to come before Circuit Judge Frank Brunner.
Brunner was the presiding judge during a June 9 hearing in the case of Ricky Graveman vs. Wilson Blaylock. That suit seeks a permanent restraining order that would allow Graveman to reopen his telephone card sales/Internet sweepstakes business in Good Hope.
After seven hours of testimony, Brunner took the defense motion under advisement.
Graveman, owner of Ricky's Internet Cafe, and his wife Annette, also face charges of promoting gambling and possession of gambling devices.
At issue in the Graveman hearing is whether local authorities legally seized 28 Internet viewing terminals and related equipment in a April 25 raid at the business, located at 907 County Road 437 in Good Hope.
The motion for a permanent restraining order seeks the return of those terminals and related equipment to Graveman who would be allowed to reopen his business as a phone card sales/Internet sweepstakes operation.
Brunner said Wednesday he will not issue a ruling in the Graveman case prior to today's hearing.
"If it is determined that the question of law in both cases is identical, then my ruling would apply to both," Brunner said. "I don't anticipate issuing a ruling in either case on Friday. Once the Mann hearing is concluded, I think it is likely that I will issue a ruling in seven to 10 days."
In his complaint, Mann, who is represented by Cullman attorney S. Wayne Fuller, states he is presently in the process of preparing to conduct a sweepstakes promotion as well as opening an Internet Cafe and digital communications center involving the sale of computer time and other services.
"Nothing is paid for sweepstakes entries and free entries are also available," the complaint states. "It is undisputed that sweepstakes entries are legal in Alabama and ours is a legal sweepstakes."
Mann's complaint further states that the plaintiff (Mann) notified the DA (Blaylock) that he anticipates opening an Internet Cafe and offered the machines for inspection.
"The defendant (Blaylock) will not clarify whether he intends to attempt to shut down the operation or seize the machines in question. The plaintiff has gone to great expense to prepare the legal documents and purchase equipment to proceed in the operation of the sweepstakes in question and Internet Cafe," Mann's complaint reads. "A declaratory judgment is requested to prohibit an unauthorized and illegal act of the removal of the machines resulting in a shutdown of the plaintiff's business."
In his answer to the complaint, Blaylock denied the allegations and contends the plaintiff:
• Failed to plead a justifiable controversy which should be settled by declaratory judgment.
• Lacks standing to bring the cause to action.
• Requests this court enjoin the defendant from performing his constitutional duties and acts of his office.
Just as he did during the Graveman hearing, Blaylock is expected to represent himself today.
The Cullman Times
