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North Carolina State Sued Over Video Poker Ban

Video poker machine owners and players filed a lawsuit against the state of North Carolina Friday, Sept 15. The class action lawsuit is questioning the legality of the law that is about to take effect which aims to phase out video poker machines in the state by summer of 2007.

The North Carolina Amusement Machine Association and a significant number of its member companies teamed up with players in alleging that phasing out the poker machines is unconstitutional and could possibly threaten the right of the Eastern Band of Cherokee Indians to operate its casino located in Western North Carolina.

The ban is set to take effect on Oct. 1, when the maximum number of allowable video poker machine will be brought down from three to two per business. That number will be further reduced to one by early next year, until it is totally phased out by July 1.

The ban is said to result in millions of dollars in losses for the amusement machine business and convenience store operators that run the machines said Dan Boyce, one of the lawyers that represent the plaintiffs.

"They're basically being run out, these mom and pop businesses," Boyce said after the filing of the lawsuit in Wake County Superior Court. The class action lawsuit seeks to have a judge declare the video poker ban unconstitutional and in turn issue an injunction that would prevent state officials from implementing it.

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