Alabama can’t keep 1,615 electronic bingo machines and $263,105 state law enforcement seized in raid on the VictoryLand racetrack’s gaming facility two years ago, a judge ruled Thursday morning.

In his order, Circuit Judge William A. Shashy stated that it appeared state officials had “cherrypicked” which bingo facilities it would allow to remain open and those it wanted closed.

Shashy, citing the Equal Protection clause of the U.S. Constitution, dismissed the state’s lawsuit seeking forfeiture of the machines and cash. “This court refuses to be used as an instrument to perpetuate unfair treatment,” the judge stated in the order.

VictoryLand owner Milton McGregor indicated he plans to get back in business at the complex, which includes a casino, hotel and greyhound track about 20 miles east of Montgomery in one of Alabama’s poorest areas, the Associated Press reported.