AUTHOR: Jerry "Jet" Whittaker
TITLE: Lawsuit fights N.C. video poker phaseout 
DATE: 7:57 AM
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BODY:
<p class="mobile-post">Video poker machine owners and players sued North Carolina on Friday,
challenging a law that will phase out the machines by next summer. The North
Carolina Amusement Machine Association, its member companies and players
allege the poker machine ban is unconstitutional because it deprives owners
compensation for their property, among other complaints. The phased out
prohibition begins Oct. 1 and is expected to result in the loss of millions
of dollars for the amusement machine business and convenience stores that
operate the machines legally, said Dan Boyce, one of the lawyers
representing the plaintiffs. At the same time, the General Assembly has
created a state lottery that permits gambling to generate profits for the
state and GTECH Holdings Corp., an out-of-state vendor, Boyce said. The
lawsuit asks that a judge declare the law unconstitutional and prevent state
officials from enforcing it. "The attorney general believes the law is
constitutional and that it is also good public policy," spokeswoman Melissa
Lovell said. Under the new law, the number of machines at any location would
be reduced to two by Oct. 1, one by March 1 and zero on July 1, 2007. Repeat
offenders or those caught with five or more machines would be guilty of a
felony. Sheriffs estimate there are about 10,000 legal machines but about
twice as many illegal machines that are difficult to track down and offer
large cash payouts.</p>
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