Poker Machine Ban Halted in North Carolina

Posted By Suzanne Moore | Thursday, February 26, 2009 - 12:24
Categories: Law

A state judge has ruled that video poker machines cannot legally be banned in North Carolina while the Eastern Band of Cherokee Indians are still allowed to operate games on their lands within the state.

The ruling was made last week by Wake County Superior Court Judge Howard Manning, overturning a 2006 law that prevented video poker machines from being operated in bars and convenience stores, which had previously been a popular fixture in such places for almost 13 years.

The judge issued a stay on his order to allow the state time to file an appeal, so the machines will not be making an immediate return to the state.

The ruling was part of a lawsuit filed by McCracken and Amick Inc, a former video poker machine vendor. The company argued that the state could not ban the use of the machines whilst simultaneously allowing such games on tribal lands.

Judge Manning wrote “The state acted unlawfully in authorizing the Eastern Band of the Cherokee Indians to possess and operate video gaming machines on tribal lands within North Carolina because that activity is allowed elsewhere in the state.

Readers' Soapbox

Gambling laws in NC
Submitted by Mike Simmons on Thu, 2009-07-30 00:38.	reply
You can gamble in your house on the internet, fly to other states notorious for gambling and its okay. In North Carolina it is against the law to do any of this here. I thought this was the United States... there is nothing united about it. Changes in laws from county to county and state to state are not fair and just. Why can't casinos be in North Carolina? People from this state fly out and spend their money and it is going to that state, not ours. Poker machines haven't harmed anyone so much more than another state has that allows gambling. Did you ever consider the jobs lost of the companies and people that manufactor these machines? And you keep saying how broke this state is. What is wrong with people having them for simple entertainment? This state government law is discriminting against this from one group of people to another and we don't like it. We pay taxes like everybody else. So if other states can do it why can't we? If we are all Americans why are we allowed to do things in certain areas of the US but not in others? North Carolina has hurt the small business man...people spend their money in other states that could very well be spent in North Carolina. New Jersey has North Carolina's money!