The Alabama Supreme Court issued a ruling Friday, unanimously declaring the electronic bingo ordinance in the town of Ashville illegal, according to Amendment 542 of the Alabama State Constitution.

The high court’s ruling comes nearly 10 months to the day after St. Clair County Circuit Judge Charles Robinson declared the ordinance “valid and ... in compliance with Amendment No. 542.” Ashville passed an ordinance to allow electronic bingo in late December 2008.

Ashville Councilman Mike Sheffield said Friday that the city’s position all along was that if electronic bingo was legal, the city of Ashville would allow patrons to play bingo under the provision of the city’s ordinance.

“St. Clair County Circuit Judge Charles Robinson ruled it legal and now the Supreme Court has overruled him and we will abide by it,” Sheffield said. “The question now is how are other counties allowed to play? If the Supreme Court says it is illegal in Ashville, Ala., then it should be illegal everywhere else in Alabama.”

St. Clair County District Attorney Richard Minor filed a notice of appeal along with Sheriff Terry Surles almost immediately after Robinson’s ruling; the Supreme Court issued an order to temporarily stay the ruling in June, less than a week after new electronic gaming machines became operational at the Ashville American Legion post.

“This case has always been about the rule of law, and the interpretation of Act 91 and Act 93 of the Constitution of the state that regulate the operation of bingo games in St. Clair County,” Minor said late Friday. “Those define bingo as Ôthat game commonly known as bingo, where numbers or symbols on a card are matched with numbers or symbols selected at random.’ Furthermore, the Supreme Court’s unanimous decision today specifically states that all local amendments throughout Alabama, excepting bingo from the general prohibition on lotteries, must be narrowly construed to encompass only the game commonly as bingo.

“Regardless of a moral position on bingo or electronic bingo, our sworn duty was to uphold the law as we interpret it. ... In our interpretation, ‘the game commonly known as bingo’ is that game that is played on a paper card.”

The ruling came on the same day in which law enforcement around the state attempted to seize bingo machines in multiple locations. A release from Gov. Bob Riley’s office called it “an opinion that again makes clear that the so-called Ôelectronic bingo’ machines being used by casino bosses across the state are illegal.

“None of the slot machines being used at casinos in Alabama comes anywhere close to meeting this definition of bingo,” Riley said. “A person could play these machines blind-folded and still win. Although the previous court decisions were crystal clear that the machines are illegal, this decision absolutely slams the door shut on any argument that these slot machines qualify as bingo.

“The court’s decision is hardly a surprise. Anyone with any common sense knows that these slot machines are not bingo. Law enforcement officials across the state cannot turn their heads any longer to the illegal activity that is occurring. The gambling bosses have run out of excuses, and these slot-machine casinos must be shut down.”

Ashville Mayor Robert McKay said he really hasn’t had time for everything to sink in but that the ruling does not shock him.

“I know how hard Gov. Riley and most of the Supreme Court has been fighting the gaming industry,” McKay said. “We will live by whatever the law ends up being. I just hope it is not lopsided in the end and certain individuals get to perform and participate. The main thing we’re looking at is being fair. Even if the Indians can operate, then something has to be done. Back a few months ago, we had 75 people working and they worked for 10 days. That meant we had 75 happy people. Right now, with the economy, we’re facing probably layoffs in the city this year. We’re like any other little city. We’re struggling right now and we could use the economy.”

McKay said it would be sad for them to sit between Jefferson, Calhoun and Etowah counties and not be able to have the revenue coming in off electronic bingo.

“At some point, gaming is coming to Alabama,” McKay said. “Bob Riley may be out of office and some other elected officials may have to go. There are just too many people who want it. If it were voted on statewide, it would go. If it were voted on in this county, it would go. It got voted in back in 1992 by an overwhelming majority. I see the jobs and revenue it would create, but I am alright with it as long as they cut it out statewide, Indians and all.”

Not every St. Clair County resident applauded the ruling. Ashville resident Vickey Massey wanted to know how the Supreme Court could shut down electronic bingo in St. Clair County and keep them operating in Macon and Houston counties.

“Within 30 miles of Montgomery there are four electronic bingo establishments in operation that the Supreme Court has not said a word about,” Massey said.

Massey owns property in Ashville that she wanted to use for Titan Gaming Inc., where she planned to build a hotel and bingo establishment that would have employed 200 people.

Surles said he never intended to pit himself against the city of Ashville. His only aim, he said, was to simply enforce the law.

“I don’t want anybody to get the idea that I’m against the town of Ashville,” he said. “On the other hand, I have to abide by the law, and the law is clear. And their ruling, from what they said, that the law is nowhere close to what they were insinuating.

“I felt like we were right. I abide by the judge’s ruling, but I felt like, in the back of my mind, after talking with our attorneys and everything, it was plain as day what it should be. Of course, I respect Judge Robinson „ have the utmost respect and I’ll always respect his decision.

“Two completely different interpretations; it just so happens we were right this time.”