BATH

Memorial Day celebrations in Bath next Monday will continue in the glaring absence of a parade, an annual tradition that has been organized and funded by the American Legion Smith- Tobey Post 21 in Bath for more than 25 years.

A letter from the post was read at a city council meeting earlier this month, where the organization disclosed that they were unable to sponsor the parade this year due to “severe financial difficulties” and revealed that the post was “currently in the process of an operational reorganization.”

According to Sgt. Michael Johnston of the Maine State Police, the American Legion in Bath pleaded guilty to aggravated unlawful gambling, a class B felony, on April 29.

He described the case as unusual: “This is not common — it’s pretty rare.”

By pleading guilty, the organization was ordered to pay a $15,000 fine.

The organization was indicted in February on six other counts in unlawful gambling — four felonies and two misdemeanors that were dropped in exchange for the one felony count.

According to Johnston, a felony in this instance is classified as the amount of money that is generated over a certain period of time — more than $1,000 in a 24-hour period.

In addition to the fine, the organization is also suspended from a license to operate games of chance, which includes card games and bingo, and the ability to conduct these games for 30 months.

Through an email tip, the Maine State Police began an investigation on Sept. 14, 2014, regarding the complaint that the legion was paying out on video poker games.

Johnston noted that while organizations are allowed to have video poker machines, they are strictly to be used for entertainment purposes only.

“When you start paying out on them, it’s like a slot machine,” he said.

Through the investigation, Johnston said that within a two-year period, the legion generated about $340,000 through the video poker machines.

Johnston was unsure as to what the money may have been used for, though he said a substantial amount was most likely used to pay out players, while the organization may have kept the rest.

“By bringing in hundreds of thousands of dollars, it’s an unfair advantage financially for other organizations,” said Johnston.

However, he added that members of the post were very responsive throughout the investigation.

“They took responsibility, they were cooperative and they’re moving on,” he said.

As far as parade funding goes, according to Ed Morton, the post’s parade organizer, it might be a while before the organization will be able to come back and fully fund another parade, the cost being about $3,000 to $4,000.

“With the mitigating circumstances, we have to worry more about keeping our organization afloat,” said Morton. “There’s an awful lot of ripple effect going out there. All we can do is try.”

In the past, parade participants included members of the Knights of Columbus, the Elks, local schools and fire departments in the surrounding towns, as well as other businesses and organizations in the community.

“If donations don’t come in to sponsor the parade, it might be four or five years, unless something drastically changes,” Morton added.

According to Chris Gillespie, commander of the Post, the American Legion will still be hosting ceremonies for fallen soldiers at the usual sites around the city on Monday.

Regarding the circumstances surrounding the legal fine, Gillespie declined to comment.

When asked about the parade cancellation, Bath City Manager Bill Giroux said, “My understanding is that they’re having difficulty finding the funding, given the situation. But they’ve done a fantastic job with the parade and we certainly hope they can do it again in the future.”

With Memorial Day being just a week away, Giroux predicted it would be too late to put together a parade at this point in time.

“People found out too late to step in and run it,” he said. “But one way or another, the community will help them and make sure there will be a parade in the future.”

dkim@timesrecord.com