North Carolina Appeals Court Tackles Two Video Game-Style Gambling Cases

October 25, 2011 -

The North Carolina Court of Appeals has scheduled oral arguments today on two lawsuits related to casino-style video games. This comes after two different trial court judges gave different answers last year to the legality of a 2010 law approved by the North Carolina General Assembly. The mixed message delivered by the courts is confusing everyone - from law enforcement to business owners who want to offer their customers access to the machines. Advocates for the law said the change was necessary to end the use of "casino-style video games" that were taking money from citizens three years after a ban on traditional video poker machines in the state took effect.

A Wake County judge dismissed a lawsuit filed by an amusement machine company and upheld the law designed to eliminate video and Internet-based sweepstakes games. Another judge - this time in Guilford County, struck down a portion of the sweepstakes ban as too broad and violation of the First Amendment.

Now it's up to a three-judge panel, which will spend up to two hours hearing arguments in each case. The appellate judges likely won't rule for weeks or months on the cases. Some believe that the fight could end up going all the way to the state's supreme court depending on how the Appeals Court rules.

Of course, the state Attorney General's Office is defending the state in both cases, and asking the panel to uphold the law, which took effect last Dec. 1.

In the Guilford County case, Hest Technologies and International Internet Technologies software sued the state. They market long-distance phone and Internet services that are sold at outlets across the state. They say the computer games they use are a marketing gimmick, not gambling, which allow customers to uncover potential cash and prizes by clicking on computer screens.

Attorneys for the companies said in a court filing that the appeals court should throw out the entire 2010 law because it actually criminalizes "story-driven, arcade-style video games that are wholly unrelated to gambling."

In the Wake County case, Sandhill Amusements argued the 2010 law made it illegal for the company to use video games to show the results of a sweepstakes related to sales of long-distance phone time.

State attorneys told police and sheriff's deputies to enforce only parts of the law that were upheld by both trial judges — and closing down casino-style games and those "not dependent on the skill or dexterity of the player." Other sweepstakes outlets or retailers continued to operate in the days following by replacing slots and Pot-o-Gold with cartoon-style games.

We will have more on this story as it develops.

Source: The Republic

Image provided by Shutterstock. All rights reserved.


 
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Andrew EisenZip - Bullies on both sides? What both sides? And of course bullies are worse than people who aren't bullies.08/29/2014 - 11:23am
Neeneko(2) yes, male tropes also have problems and gender studies looks at those too. But this highlights a privilage problem, the idea that if male issues are not brought up too female issues should not be discussed.08/29/2014 - 10:42am
Neeneko@ZippyDSMlee - jumping back (1) one can acknowledge systemic problems without requiring every male be a Neanderthal.08/29/2014 - 10:42am
MaskedPixelanteI don't like the new 3DS, mostly because it means there's a good chance future 3DS games won't be compatible with the current models.08/29/2014 - 9:30am
ConsterI don't get why Amazon decided to buy this "Twitch" fellow, really. It took him ages to beat Pokemon.08/29/2014 - 8:31am
ZippyDSMleeIt goes without saying that we need to et rid of the bullies on both sides that are far worse than Sarkeesian or Quin will ever be.08/29/2014 - 8:24am
ZippyDSMleeI'm talking more about the genreal movement and how silly it is, as for Sarkeesian half of what she is says rings hollw while the other half tend to be over exsagerated.08/29/2014 - 8:22am
Avalongod@Papa, agreed. I think people are reluctant to get involved if they're not the target. But I think we need to take responsibility as a community to confront harassing behavior, whether on gender or race.08/29/2014 - 7:23am
E. Zachary KnightSo Nintendo has given gamers what they want and have fractured the 3DS user base at the same time. http://www.gamasutra.com/view/news/224476/Nintendo_reveals_the_New_Nintendo_3DS.php08/29/2014 - 7:12am
Papa MidnightI could say the same about race. I certainly enjoyed being on the receiving end of this while playing StarCraft II this past week: http://i.imgur.com/mIZA1QB.png (and this is actually mild compared to what I usually see). Report players? What a joke...08/29/2014 - 12:29am
AvalongodWhether you approve of Sarkeesian's view or not, no woman deserves to be the target of that kind of harassment and it won't stop until men tell each other it's not appropriate under any circumstance.08/28/2014 - 8:44pm
AvalongodI'm guessing the twitter account was a troll, but come on, I'm sorry, it's just disgusting someone is saying those things to Sarkeesian whether serious or a joke.08/28/2014 - 8:43pm
ZippyDSMleesocial movement that is bringing most of these issue to the spot light to be nothing but trend mongering white knighting bullies who are not much better than the hateful moronic bullies on the other side.08/28/2014 - 5:20pm
ZippyDSMleereflects the world we live in while the rest is the worst stuff that should be focused on. Leaving whats reflected in the same boat as everything else that's exaggerated and skewed by media/fiction and happliy consumed by current society. I find the socia08/28/2014 - 5:20pm
ZippyDSMleemales live off the power fantasy but once you realize as a male you will never reach what fiction or media calls perfect it demoralizes you just the same. And I would not call female negative stereotypes rampant and out of control not when 70-80% of it re08/28/2014 - 5:19pm
ZippyDSMleeNot saying that there is not a difference in the treatment of males and females in media, but males are begin painted as near perfect superhumans with cliched flaws it dose as much damage to the psyche as how females are treated. Sure you could claim that08/28/2014 - 5:19pm
ZippyDSMleeNeeneko:As I said if you do not 100% belive it then you are a Neanderthal. Theres more gray to everything than black and white.08/28/2014 - 1:27pm
NeenekoMeh, the "PCism" is just trotted out when people do not know their place and dare to complain about things the speakers think are fine. How dare people complain about how they are treated/portrayed, it is not like it bother us, our feelings matter!08/28/2014 - 1:13pm
ZippyDSMleeNeeneko I do not think its against feminism but rather against PCisim’s and that most things are offensive since if you do not believe that you are a Neanderthal that beats women,ect..08/28/2014 - 12:48pm
Neenekocomplete with the standard 'she is a lying and attacking the game industry! threats are wrong but she did it to herself' comments.08/28/2014 - 11:28am
 

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