Less than three weeks after declaring an ordinance to regulate electronic bingo in the town of Ashville unconstitutional, the Supreme Court of the state of Alabama issued an order Wednesday for a “rehearing” of the case.
“It is ordered that the above style cases (Surles v Ashville), having been reversed and remanded on Jan. 29, 2010, are placed on rehearing, ex mero motu,” the order reads.
St. Clair District Attorney Richard Minor says he received the order Wednesday at roughly 11 a.m.
“Nobody really knows what it is about,” Minor said Thursday. “They haven’t given any further information, other than that order they issued yesterday.”
As of Thursday, Minor said neither he nor any of the other attorneys involved in the case had received any further instructions. He also said that he can find no one who remembers the Supreme Court ever issuing such an order.
“It’s a unique circumstance,” he said. “They did not withdraw their opinion, so their opinion still stands that the Ashville ordinance is unconstitutional.”
In late January, the Supreme Court ruled unanimously that Ashville’s ordinance — passed in December 2008 — “provides for the operation of games that extend beyond the permissible definition of bingo and thus beyond the permissible bounds of the exception to art. IV, § 65, in Amendment No. 542.” That ruling overruled St. Clair County circuit judge Charles Robinson’s opinion in the spring of 2009, which said that the ordinance is “valid and … in compliance with Amendment No. 542.”
“We reverse the trial court's judgment and remand the case for further proceedings consistent with this opinion,” the Supreme Court’s ruling said.
Ashville mayor Robert McKay said Thursday that he had heard about the rehearing, but has no idea what the purpose might be.
“All I really know was just a message from the city attorney saying they were going to re-visit our issue,” he said. “I haven’t read anything that they may have written him at this point. I don’t really know what it’s about – your guess will be as good as mine.”
McKay also reiterated his stance that the laws regulating gambling around the state should be fair.
“I hope it’s something they want to re-visit,” he said. “If they can have it in any other county, I hope they see fit to let Ashville, as well. I just feel like it should be fair.
“I hope the Supreme Court is looking at this in a fair situation here, and not just trying to put another stake in our heart.”
Fair? You mean fair like you were to the property owners in Ashville who wanted to have bingo on their own property, but you didn't like the idea because they would be competing with your employer? Oh, that kind of fair. Tell us, what is different in what the crooks in Montgomery want to do with creating a gambling monopoly and what you want to do in Ashville?
“I hope the Supreme Court is looking at this in a fair situation here, and not just trying to put another stake in our heart.”
No, you're too busy trying to put some steak in your freezer. Any unusually lucky gambling winnings? How about you make your tax returns since you've been in office public record?
Yeah, thought not.