Play Meter

nEWS
MESQUITE WITHDRAWS APPEAL,
liCENSES ALADDIN'S CASTLE
The city of Mesquite, Texas, and
Bally's Aladdin's Castle have agreed
on a new city ordinance for video
game arcades, but the city attorney
who battled Bally all the way to the
U.S. Supreme Court is unhappy with
the compromise.
The settlement comes after a
November 7 Mesquite decision to
withdraw its appeal to the U .S.
Supreme Court to review a 5th Cir-
cuit Court of Appeals opinion that
banning youngsters under 17 from
playing commercial video games
v iolates federal and Texas constitu-
tional guarantees. The withdrawal
of the appeal , in effect, allows that
ruling to stand.
That September 1 opinion was the
third issued by the Circuit Court of
Appeals in the highly publicized
Mesquite case. It was considered a
ruling favorable to Mesquite. To
include federal constitutional con-
siderations would enable Mesquite
to push for argument in front of the
High Court. Bally attorneys have not
been anxious to confront the issue
on federal grounds .
" I am certain we would have pre-
vailed if we had appealed the 5th
Circuit ruling," Mesquite City Attor-
ney Eiland Archer told Play Meter .
" But the City Council is reluctant to
spend any more money."
The agreement between Mes-
PlAY METER. March 1 5, 1984
MONEY
quite and Bally takes form in a new
ordinance that restricts youngsters
from playing during school hours. It
also provides for the city to license
Aladdin's Castle . In turn , Bally d is-
missed a suit it filed against the city
for refusing to issue a license and
agreed to assume some of the costs
the city will be assessed by the 5th
Circuit Court of Appeals .
" We have no argument with
assigning the license since Aladdin 's
Castle has removed all of its direc-
tors who had been involved with
Gerry Catina," Archer said, pointing
to the recent resignation of Aladdin's
Castle President William O ' Donnell
Jr. (Mesquite objected to O'Donnell
because of rumored business ties
between the O'Donnell family and
mobster Gerard Catina .) " The court
gave us a victory on our wording in
the ordinance that allows criminal
background investigations for arcade
operators ."
Archer said Mesquite 's costs for
the entire battle have, to date,
amounted to $10 ,000. No attorney' s
fees are included in those costs
because Archer is a salaried em-
ployee of the city . Despite low costs
for such extensive litigation , Mes-
quite councilmen were hesitant to
dedicate more of the Dallas suburb's
limited budget to the battle .
•
POST -BOOM LOSSES CLOSE
SANDERS DISTRIBUTING
Sanders Distributing, which served
customers for 40 years around Nash-
ville, Tennessee , is going out of
business.
Harry Sanders, Jr. , president of
the firm but not active in conducting
the business, said sales had been
declining gradually to the point that
it was no longer profitable to keep
the family-owned firm going.
We've Improved
Kiddie Rides!
Now, they make
HYDRA ULIC ARM Y H ELI COPTER
AN D BULLD OZE R
Let us show you
an incredible
leasing or financing
Plan
FOR MOR E IN FO RMATI O N CA LL:
Even with the Bally and Mylstar
lines, Sanders couldn't survive the
losses of the post-video boom years .
" Those videos killed us ," said
Dillard Wright, who has been with
the firm since its inception .
iiW!i~eu~~
Wright will remain at the Sanders
location until the inventory has
been sold .
•
Tel. (813) 392-1293
& Co .. Inc.
8994 Seminole Blvd. , Suite # 1
Seminole, Florida 33542
10