Officials in one municipality, afraid that they could be subject to a lawsuit for refusing to allow the machines, revised their gambling statutes late last year to protect themselves from litigation, according to testimony before a legislative committee yesterday.
Bereano has been contacting gambling offices and state's attorneys in counties all over Maryland and making the case that his client's machines are legal and should be allowed.
His success in Southern Maryland helped prompt a proposal to ban the machines, which state senators considered yesterday.
The move to ban the devices is supported by top lawmakers who worry that the bingo and electronic "tip jar" machines would diminish the market for the slots parlors that voters will consider legalizing in November.
In a shift, legislators now say they don't think they can outlaw the "for amusement only" slots that proliferate in Baltimore bars and restaurants, which are a different class of machines.
"We received many inquiries, and people flew in from across the country requesting meetings," Jim Hovis, director of the Washington County Gaming Office, said in an interview after he testified in Annapolis. "We never received an official request to place machines because from the very start, I told them they were wasting their time."
He said numerous gambling companies have sought to expand in Washington County in recent months and that all were rejected because of the questionable legality of the machines.
Hovis testified at the hearing that Washington County passed regulations in October to prohibit the machines that Frank Moran & Sons and other companies wanted to bring to Western Maryland after hearing from Allegany County officials who said they had been threatened with legal action.
Messages left with two Allegany County officials yesterday evening were not returned.
Letter to AlleganyBereano, who said it was not his client that threatened legal action, sent a letter to Allegany County State's Attorney Michael O. Twigg last year saying that he was "flabbergasted" by Twigg's refusal to meet with him to discuss the legality of machines that Frank Moran & Sons wanted to place in that county.
In the letter, which was published by the Cumberland Times-News, he described letters he had obtained from state's attorneys in St. Mary's, Prince George's, Carroll, Calvert, Caroline, Somerset, Talbot, Garrett and Dorchester counties, as well as a visit his client made to show a machine to the Carroll County state's attorney's office.
The state's attorney in St. Mary's County issued a legal opinion in July that "a pull-tab dispensing machine does not fall within the definition of a slot machine," meaning that it was allowed.
Bereano said at yesterday's hearing that Frank Moran & Sons has 80 such machines in the county.
In an interview later, Bereano said his efforts on behalf of his client arise from a desire to obey the law, to politely ask legal officials across the state whether they consider the machines to be legal.
"We don't come in in the middle of the night," he said.
The Senate Budget and Taxation Committee hearing room was packed yesterday. Senate President Thomas V. Mike Miller, Comptroller Peter Franchot and a host of state officials, business executives and lobbyists testified.