State Appeals Court Strikes Down Law That Bans Video Porker PDF Print E-mail
State Government
By Administrator   
Thursday, 08 March 2012 12:20

RALEIGH, (AP) - A divided state appeals court has struck down North Carolina's ban on video sweepstakes machines, saying it is overbroad and infringes on free speech.

The state Court of Appeals ruled 2-to-1 Tuesday to strike down the 2010 law. The split decisions in a pair of lawsuits mean cases
involving the Legislature's long-running effort to stop the spread of video poker-style games are likely to be heard by the state
Supreme Court.

The law said sweepstakes operators cannot use a video screen to reveal a sweepstakes prize, but Judge Ann Marie Calabria wrote that
the Legislature was wrong to categorically forbid screens from conveying the results in a constitutionally protected manner.

Judge Robert C. Hunter wrote the dissenting opinion, saying the law should be upheld because it regulates conduct, not speech.

In a statement, Brad Crone, president of the Internet Based Sweepstake Organization said, “We are extremely pleased with the ruling from the North Carolina Court of Appeals. It is clearly evident that the video sweepstakes industry has worked diligently to comply with the new law that was passed by the North Carolina General Assembly in 2010.

"The Internet Based Sweepstake Organization continues to advocate for state oversight and regulation of the video sweepstakes industry.”

“We believe that having state oversight will provide a regulated market with enforcement measures to protect consumers and operators. ”

“We welcome the opportunity to meet and talk with the Governor and Members of the General Assembly to look at legislation that will regulate the video sweepstakes industry and how we can move forward on this issue.”

Last Updated on Thursday, 08 March 2012 13:06
 
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