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Court Won't Stay Gambling Ruling
Special Report - January 11, 2011
The N.C. Court of Appeals has denied the State Attorney General’s request for a stay of a lower court decision overturning a portion of the newly enacted ban on video sweepstakes gambling in the state. According to the Winston-Salem Journal, on January 5, the Attorney General requested that the Appellate Court issue a stay of Guilford County Judge John O. Craig’s decision, pending appeal, and force those businesses that are still operating to close. In November, Judge Craig ruled that one portion of the new sweepstakes ban passed by the General Assembly this past summer is overly broad and violates the First Amendment. Judge Craig already refused to issue a stay of his decision while the state’s appeal of his order is awaiting a hearing by the Court of Appeals. The stay, which the Court of Appeals denied, would have allowed law enforcement officers to enforce the entirety of the ban, which went into effect on December 1, 2010.
The N.C. Court of Appeals is expected to hear the case. In the meantime, some gambling businesses across the state continue to operate, and confusion now remains over the enforceability of the ban.
Related resources:
AG Issues Sweepstakes Ban Advisory - December 6, 2011
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 © 2011. North Carolina Family Policy Council. All rights reserved.
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