Redtop Market, Inc. Ex Rel. Bolton v. State Ex Rel. Green
2010 Ala. LEXIS 246
Ala.2010Background
- Redtop filed a 2003 declaratory-judgment action seeking to classify certain gaming machines as bona fide coin-operated amusement machines under § 13A-12-76, Ala.Code 1975.
- Green, the district attorney, refused to approve the machines and contended their operation would violate criminal statutes § 13A-12-20 through § 13A-12-76.
- The trial court ruled in 2004 that the machines were lawful amusements and issued an injunction prohibiting law enforcement from seizing or charging operators in Jefferson County.
- The State’s post-judgment motions culminated in a 2007 order lifting the injunction, following related developments in Barber v. Jefferson County Racing Ass'n and Tyson v. Macon County Greyhound Park.
- Redtop appealed the 2007 ruling; after this Court issued Tyson, the Supreme Court of Alabama held that a circuit court cannot interfere with the enforcement of criminal laws via civil action, vacating the injunction.
- The Alabama Supreme Court vacated the order, dismissed the action and the appeal, holding the trial court lacked subject-matter jurisdiction to issue or maintain the injunction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the circuit court had jurisdiction to enjoin enforcement of criminal laws | Redtop asserted a declaratory judgment to legalize the machines, seeking civil relief that would affect criminal enforcement. | State argued the court could not adjudicate legality of criminal-enforcement actions in a civil action. | Lacked subject-matter jurisdiction; injunction void. |
| Whether Tyson's exception to the general rule applies | Redtop relied on Tyson's equitable exception allowing relief when a statute is challenged as void. | State contends Tyson's exception does not apply to the present case because it does not challenge a statute’s validity. | Not applicable; Tyson exception does not rescue jurisdiction here. |
| Effect of Tyson on Redtop's 2004 injunction | Redtop sought to prevent enforcement actions against the machines in Jefferson County. | State argued such relief intrudes into criminal enforcement and disrupts uniform statewide criminal law. | The injunction could not be sustained; orders void. |
Key Cases Cited
- Tyson v. Macon County Greyhound Park, Inc., 43 So. 3d 587 (Ala.2010) (circuit court may not restrain enforcement of criminal laws via civil action)
- Barber v. Jefferson County Racing Ass'n, 960 So. 2d 599 (Ala.2006) (provides related context for the law-enforcement relief discussed in Tyson)
- Board of Comm'rs of Mobile v. Orr, 181 Ala. 308 (1913) (equity will not enjoin criminal prosecutions, with earlier municipal-ordinance contexts)
- Brown v. Birmingham, 140 Ala. 590 (1904) (equity's limits regarding injunctions of criminal prosecutions)
- City Council of Montgomery v. West, 146 Ala. 680 (1906) (early authority on civil-relief limits in criminal contexts)