A state court late Thursday struck down North Carolina's ban on video poker, ruling that it was unlawful to allow the machines on an Indian reservation but prohibit them in the rest of the state.
The order, however, was immediately put on hold until the lawsuit brought by a former video poker operator against North Carolina is heard by the state Court of Appeals, which could take months.
The order raises the possibility of video poker returning to the state, where the industry was tied to political scandal and sheriffs complained that they routinely encountered crime associated with the games.
The judge's decision could reopen a political fight that stretched over several years in the legislature, where the industry's chief defender was Jim Black, then speaker of the House. He went to prison after a federal investigation that began with a probe of video poker.
In his Thursday order, Superior Court Judge Howard Manning of Wake County wrote that federal law covering the regulation of Indian casinos prohibits the state from banning the machines in most of the state while the Eastern Band of the Cherokee Indians operate them in a casino on their reservation. (N&O)
Click the document link below to read the judge's order.
Document(s):
videopoker.pdf
Blog RSS feed
Re: Judge knew when to fold'em
One should remember Judge Manning's order is not binding precedent. Other Superior Court Judges may rule the opposite until the Court of Appeals or Supreme Court rule on this. Therefore, poker machine operators might be in peril to operate here.