AG Issues Sweepstakes Ban Advisory
Special Report - December 6, 2010
The office of the North Carolina Attorney General issued an advisory letter on December 2 to law enforcement officials clarifying the current status and enforceability of the sweepstakes gambling ban that went into effect on December 1. According to Special Deputy Attorney General Mark Davis, who wrote the letter, most of the new law, which outlaws sweepstakes machines in North Carolina, should be enforced, despite a district court ruling last week that one portion of the law violates the First Amendment.
The letter encouraged the enforcement of the ban on sweepstakes operations that utilize “electronic simulations in a video format of video poker (or any other type of video card game), video bingo, video craps, video keno, video lotto, eight-liner, Pot-of-Gold, or video games based on or involving the random or chance matching of different pictures, words, numbers, or symbols not dependent on the skill or dexterity of the player.” The letter went on to point out that the law is in fact even broader in its prohibitions because it also bans the simulation of “games that are of the ‘type’ as the games listed” above, regardless of whether they are called by a different name or have minor differentiating detailed characteristics.
However, Davis did acknowledge that the “catch-all” portion of the law might not be able to be enforced as a result of Judge Craig’s decision. He therefore advised law enforcement authorities to not attempt to enforce the portion of the law that bans “Any other video game not dependent on skill or dexterity that is played while revealing a prize as the result of an entry into a sweepstakes.” The Attorney General has filed a Notice of Appeal to Judge Craig’s decision, asking for the question of the constitutionality of that one portion of the law to be resolved “as expeditiously as possible.”
Attorney General's Advisory Letter - December 2, 2010
Gambling Ban Moves Ahead - November 30, 2010
Sweepstakes Lawsuits Dropped - October 26, 2010
Injunction On Internet Gambling Fees - October 18, 2010
Gambling Operators Sue Cities - August 13, 2010
Perdue Signs Gambling Ban Bill - July 22, 2010
House Passes Video Gambling Ban - July 8, 2010
Copyright © 2010. North Carolina Family Policy Council. All rights reserved.