N.C. Attorney General Declines Request To Stop Video Poker Ban
North Carolina Attorney General Roy Cooper declined a request to go against a law that will phase out video poker machines across the state. The law is set to take effect beginning Oct. 1.
Under the law, the maximum number of video poker machines allowed to a business will be brought down from the current three to two. On March 1, 2007, the number will be further reduced to one, until July 1, when it will be banned completely.
A Raleigh law firm in turn is representing the video poker industry in a class-action lawsuit filed against the state of North Carolina, intending to overturn the ban just shy of the Oct. 1 deadline.
"The attorney general believes the law is constitutional and that it's also good public policy," said Melissa Lovell, a spokeswoman for Cooper.
Attorneys for the plaintiffs deem the new law unconstitutional, saying that the local video poker operators are being unfairly forced out of business while the state offers gambling with the introduction of a new lottery and the Cherokees continue to offer games in their casino in western N.C.
"Our clients believe enforcement of this new law is illegal and unconstitutional and they request that you file an action to determine whether (the video poker ban) is illegal or unconstitutional before they suffer substantial losses of property, income and unemployment," Attorneys Dan and Gene Boyce wrote.