Sunday Poker

Constitutionality Of Video Poker Machines In N.C. Questioned

Owners and players of video poker machines sued the state of North Carolina Sept. 15, challenging the constitutionality of a law that aims to phase out video pokermachines by summer of 2007.

The North Carolina Amusement Machine Association and a large number of its member companies banded with players in alleging that the poker machine ban is against the law and could put the right of the Eastern Band of Cherokee Indians to run its casino in western North Carolina in jeopardy.

The prohibition is set to take effect on Oct. 1 where operators are expected to limit their operations to a maximum of two video poker machines. The prohibition is expected to translate into millions of dollars in losses for the amusement machine business and the convenience stores that operate them legally.

"They're basically being run out, these mom and pop businesses," said Dan Boyce, one of the lawyers representing the plaintiffs on Friday after the lawsuit was filed in Wake County Superior Court.

The lawsuit asks that a judge declare the law unconstitutional and prevent state officials from enforcing it.

The State Attorney General's Office, which would represent the state in the case, declined a request by Boyce to file its own lawsuit challenging the law.

"The Attorney General believes the law is constitutional and that it is also good public policy," spokeswoman Melissa Lovell said late Friday. The State Attorney General's Office declined a request by Boyce to file its own lawsuit challenging the law.

Under the new law, the number of machines would be reduced further to only one machine by March 1, 2007 then on to zero on July 1.