Alabama is one of the states where we'd be most surprised to see gambling legalized. It has no state lottery, all forms of gambling are illegal, and there's no serious talk of legalizing gambling or moving toward online casinos. Below you will find facts about the legal system in Alabama and the United States in general, and how a few of the current federal gambling laws in the US can impact your decision about whether or not online gambling entertainment is something that is right for you. Alabama is one of the worst states for individuals interested in gambling. Online gambling in Alabama is, as of now, unregulated though legislation (HB 315) has been proposed to create an Alabama Sports Wagering Commission to oversee sports betting on pro and college sports in the state.

1. Why Is Online Gambling Illegal
2. Is Online Gambling Illegal In Alabama Law
3. Is Online Gambling Illegal In Alabama Right Now
4. Is Online Gambling Illegal In Alabama State

An Overview of Gambling Laws in the State Of Alabama

Alabama has seen religious elements and progressives clash over the subject of gambling for many years. The State constitution has a very wide definition of gambling, and as with most States it bans it all – the difference here is that there are very few exemptions. There are harsh penalties, which get worse on Sundays! Over the years there have been carve-outs for dog and horse racing, and for bingo and slots at tribal casinos. Many Alabamians cross over to Mississippi casinos instead – giving a massive boost to the State coffers of that State. This page covers Alabama gambling laws in depth.

First below you will find a quick-fire history, which will give you an overview and flavor of gambling in Alabama – right up to the present day. After that a game-by-game guide to what is currently legal or banned can be found – followed by a timeline of the legislation controls gambling in this State. At the end of this page you will find a quick summary of the present situation and a look into the possible scenarios for the future.

Alabama Gambling Laws – A Brief History

Alabama shares a lot of colorful gambling history with its neighbor Mississippi. The Steam boat casinos with their card-sharps and other shady characters would have been an amazing experience more than a century ago. Unlike Mississippi, who embraced gambling and now receives substantial revenues from casinos – Alabama has gone the conservative route, and almost all gambling games are illegal in this state.

The 1901 State constitution sets the tone. This defines gambling as any game for financial gain with an element of chance. This means that even games of skill are outlawed if there is an element of chance involved. Poker is the obvious ‘victim’ of this loose interpretation.

Greyhound and horse racing did get an exemption from this definition of gambling. The argument goes that this is entirely based on the skill of both the animal and jockey, and so not a game of chance. Pari-mutuel betting can take place on-track and the races can be enjoyed on TV.

There are tribal casinos in Alabama, though these are heavily restricted in terms of the games they are allowed to offer. There are no table games at all, only slots and bingo-type games. There was a later attempt to introduce electronic bingo games. These were allowed and then quickly withdrawn when a Supreme Court ruling judged them to be covered by that 1901 definition.

The status-quo in Alabama is that gambling remains banned, and those who like to gamble either go to offshore online sites (which are not explicitly illegal, though assumed to be covered by the 1901 act), or hop over the Mississippi. This keeps the religious majority in this State happy – and does give some avenues for those who enjoy gambling.

Alabama Gambling Laws – What Forms Of Gambling Are Currently Legal?

Here is a quick run through of the different gambling formats, including a note on whether they are currently legal according to Alabama law.

Casino Games: No, there are tribal casinos, however these are limited to class 2 slots and bingo games. Casino table games are not legal under Alabama law. Crossing the Mississippi to gamble in their casinos where these games are feely available is very popular.

Online Casinos: No, again there are no laws relating to the online component, though casino gambling is banned and those laws are assumed to cover the internet too.

Live Poker: No, there is no distinction in the laws of this state between poker and other table games like Blackjack. You can play home-games or ‘social poker games’, which are defined as games between friends where the house or organizer takes no profit or rake. The ‘social’ defense has been used in court, though the understanding of residents is that these games are best kept between friends and not widely advertised.

Online Poker: No, there are no specific laws banning online poker. Poker is not seen as a skill game under the definition of gambling games in this state. Any game with some element of chance is considered gambling. There are no indications that Alabama will regulate online poker games any time soon.

Sports Betting: Yes, you can bet on greyhound racing and horse racing at several tracks in Alabama. This form of gambling was exempted from the 1901 laws as a game of skill in 1971. Gambling is via pari-mutuel pools and can be watched on TV.

Lottery Betting: No, there is no State lottery in Alabama, and this State does not participate in any national schemes.

Bingo: Yes, bingo exists at Indian Casinos, though there are currently legal battles going on covering electronic bingo machines. Bingo and raffle games are also legal under charitable gambling laws, under strict license and conditions.

Alabama Gambling Laws – Timeline of Key Statutes

During Civil War times there were lotteries running which included neighboring Southern States. These ended in acrimony, with Louisiana leaving the deal under protest. The current legal situation in Alabama all comes from the State’s constitution enacted in 1901. It is this which paints the broad definition of gambling – and everything since then has revolved around carve-outs or crack-downs based on this initial legal document. Here is the timeline of events.

1901: Alabama State constitution bans all forms of gambling with wording broad enough to encompass just about every game you can think of.

“…stakes or risks something of value upon the outcome of a contest of chance or a future contingent event not under his control or influence…” (From 13A-12-20)

Over the years this definition has been interpreted as covering any game with even an element of chance. For example, some people argue that poker is a game of skill, however since the turning of cards is a chance factor – this is considered gambling under Alabama law.

1971: Pari-Mutuel betting at greyhound racing and horse racing tracks is ruled Legal by the Supreme Court. This is overseen by the Alabama Racing Commission – and has since been extended to betting on televised live races.

1980: Charitable bingo gambling begins.

1988: Casinos are made legal on tribal territories within Alabama by the Federal Indian Gaming Regulatory Act. These casinos are restricted to slot machines and some type of Bingo games. This leads to the opening of 3 tribal casinos in this State – though most residents simply travel to Mississippi to enjoy the table games which are still banned under Alabaman law.

In more recent years there have been attempts to restart a State lottery, to have electronic bingo machines in the current casinos and a crack-down on video poker machines. While these have been debated in the courts and State government – each time the 1901 law has stood up. As far as gambling is concerned, if there is an element of chance – then it is banned.

One bright note for Alabamans, there has so far been no individual indicted for enjoying gambling online – nor any debate on this by the State government.

Alabama Gambling Laws – Summary And Look To The Future

Every time a change to the laws or an exclusion from them has been attempted – the 1901 wording has prevailed. With the sole exception of dog and horse racing, gambling looks like it will remain limited in Alabama for the foreseeable future. I do not see this State regulating online poker at any point in the future.

Useful Resources:

Alabama Racing Commissions

Interesting Timeline

• http://blog.al.com/wire/2013/02/the_history_of_gambling_in_ala.html

Statutes

Alabama gambling was one of the first to appear among the states in the south. There are currently only three Alabama casinos that operate today. It started with the formation of the Alabama Racing Commission in 1971. Regulations set forth by the commission permitted municipalities with 300,000 or more residents to hold referendums to determine whether racing should be permitted within the county or city. This law applies to greyhounds and horses. There are currently two greyhound tracks in operation. Off-track betting is also permitted.

Bingo is legal if the proceeds go towards charity. It must also be approved through a local referendum. The emergence of auto-daubing brought a new bingo element to Alabama. Slot machines that used bingo algorithms started appearing in the late 1990’s.

Alabama is one of just six states without a state lottery. Those looking to buy lotto tickets for interstate drawings may go to Georgia, Tennessee, or Florida to do so.

Paying Gambling Taxes in Alabama

Is your gambling income taxable? OnlineUnitedStatesCasinos has gathered everything you need to know about paying taxes on your gambling winnings straight from a Certified Public Accountant. For more information please visit our exclusive Gambling Taxes article.

Alabama Casinos Map & Guide

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Types of Alabama Online Gambling Allowed

The only form of online gambling legal in Alabama is off-track betting. This includes greyhounds and horses. The state permits skill games to be played for money. Daily fantasy sports sites that include DraftKings and FanDuel feel that their product falls under these laws. Alabama lawmakers and the state attorney general have yet to issue any opinion to the contrary.

Types of Live Alabama Gambling

There are three forms of live legalized gambling in Alabama.

Greyhound Racing

The oldest is greyhound racing. It dates back to 1973 when the first race with pari-mutuel betting at the Mobile Greyhound Park. There were four greyhound tracks in Alabama at one time. Only two operate today. Those tracks are the Mobile Greyhound Park and Birmingham Race Track.

Horseracing

Horseracing is also legal in Alabama. The Birmingham Race Track operated horse racing from 1984 to 1992. The track ran into financial difficulties and ended horseracing. No track offered thoroughbred betting since then.

Video Bingo

Video bingo found a way through a back-door in the early 2000’s. The operators cited the legalization of auto-daubing, meaning a machine is able to cover the numbers called. This translation permitted video bingo displayed in a slot format, or so the operators thought. Alabama state law enforcement raided VictoryLand in Shorter and other facilities after threatening to shut the businesses down.

All tracks ceased video bingo operations in the state. Three reservations launched video bingo while the state raided the tracks. Creek Casino Montgomery, Wind Creek Casino Wetumpka, and Wind Creek Casino Atmore continue offering these games under the same premise the tracks did. No gaming pact has been created. Despite only offering video bingo and slot machines, they still refer to themselves as Alabama casinos.

Alabama Gambling Laws

Why Is Online Gambling Illegal

Alabama gambling laws are specific to the betting options offered. Racing is permitted in cities with a population of at least 300,000 people. Local voters must approve the measure. Betting is permitted on greyhounds and horses. Wagers can be made on live races, at off-track betting facilities and over the Internet.

Is Online Gambling Illegal In Alabama Law

Bingo is legal in Alabama. Proceeds must go to charities. Gaming operators assert that video bingo is legal in Alabama. These are machines that mimic slots but display symbols based on a bingo drawing. The state’s attorney general disagrees. The case is being heard by the Alabama Supreme Court.

The state’s tribes feel that video bingo is legal in Alabama. Three Tribal Alabama casinos operate the devices.

The state does not receive any benefit from gambling. The only taxes from racing fund the commission that regulates it. Bingo profits benefit charities. The reservations do not have a gaming pact with the state.

The minimum Alabama gambling age is 19 years old for all forms of gambling.

List of Alabama Casinos

Creek Casino Montgomery, Wind Creek Casino Wetumpka, and Wind Creek Casino Atmore are the three Alabama casinos in the state. Mobile Greyhound Park and Birmingham Race Track offer live and simulcast racing. VictoryLand offers off-track betting but no live races. Charities throughout the state offer live bingo sessions. You can find the casinos, locations, and websites, as well as use our Alabama casinos map for more detailed information.

History of Alabama Gambling

Bingo also requires a local referendum, as required by the state’s charitable gaming law passed in 1993. More than half of the counties in Alabama have approved charitable bingo.

There is no law the governs the use of video bingo machines by Tribal Alabama casinos. This is a grey area in the gambling laws of Alabama.

Alabama Casinos & Gambling FAQ

The Alabama Racing Commission was organized in 1971. The first race under its regulations was held in 1973.

1993, but it requires a local referendum.

Yes, but no tracks operate today.

Yes. Two tracks still operate today.

Montgomery Greyhound Park and Birmingham Race Track still hold live greyhound races.

Yes. Simulcast betting on horses and dogs are legal.

TVG, BetAmerica and TwinSpires are among the companies that accept wagers from Alabamans.

There is still a legal fight to determine that answer. Video bingo is currently spread at the state’s three tribal casinos.

It is currently open for simulcast betting on dogs and horses Wednesday through Monday. Its Quincy’s 777 Casino is closed pending a ruling from the Alabama Supreme Court. VictoryLand no longer offers live races.

Is Online Gambling Illegal In Alabama Right Now

Alabama tribes believe that video bingo is legal in the state. Attorney General Luther Strange attempted to shut the gaming on reservations down but his actions were rejected by federal courts and the U.S. Department of the Interior. No gaming pact has been created between with the governor.

Is Online Gambling Illegal In Alabama State

The minimum Alabama gambling age is 19 years old for all forms of betting.