Judge Hears Video Poker Arguments

A Superior Court Judge in North Carolina privately heard arguments presented Oct. 27 on whether the first phase of a law that seeks to ban video poker in the state will push through Oct. 1.

A class action suit was filed by the N.C Amusement Machine Association, many of its member companies and some players two weeks ago. The plaintiffs are questioning the constitutionality of the law that was approved by the General Assembly in June.

The group had previously asked Wake County Judge Narley Cashwell to issue a restraining order that will stop the enforcement of the law until the case is heard in court.

Cashwell heard the arguments presented by the attorneys representing the association and the state in his Raleigh office for less than thirty minutes. The judge is planning to give out his ruling no earlier than the afternoon of Thursday, Sept. 28, according to Gene Boyce, an attorney representing the plaintiffs.

The machine operators want the restraining order to be served before Oct. 1 when the law takes effect, reducing the number of machines in any location from a maximum number of three to two.

The lawsuit says that the phase-out of video poker machines will deprive the owners of compensation, violate equal-protection rights and void a compact entered into by the state and the Cherokees, who are allowed to operate a video gambling casino on their reservation.