North Carolina Sweepstakes Cases Cite Brown v. EMA

October 26, 2011 -

Yesterday we mentioned that the North Carolina Appeals Court would hear oral arguments about two different cases related to video-style sweepstakes games in the state. Today we know a bit more about what each side argued yesterday before the three-judge panel hearing both cases. The cases relate to an Internet sweepstakes ban that took effect last December and followed an earlier state ban on traditional video poker machines.

Acting Solicitor General John Maddrey gave arguments Tuesday in both cases before a three-judge panel of the Court of Appeals. In one case, the state asked the court to uphold a Wake County judge's ruling backing the entire law, and in the other case, it asked the judges to reverse a Guilford County judge's ruling striking down part of the law as a violation of the First Amendment.

"It's not a video-game regulation statute standing alone. It's a sweepstakes statute, a statute that defines types of sweepstakes that are not permitted or allowed," Maddrey said.

Lawyers representing business owners argued that Internet sweepstakes are legal based on a ruling that came after these two rulings came down. The case they are referring to is Brown v. the Entertainment Merchants Association.

"In that case, the U.S. Supreme Court said video games qualify for First Amendment protection, that video games are a form of speech," said Kelly Daughtry, a lawyer representing Sandhills Amusements, which was involved in the Wake County lawsuit.

Adam Charnes, an attorney for Hest Technologies and International Internet Technologies, argued that allowing people to click on computer screens to uncover potential prizes is simply a marketing tactic to encourage customers to buy Internet or phone time. The two companies market long-distance phone and Internet services sold at outlets across the state. These companies were involved in the Guilford County lawsuit.

While these two cases are sorted out by the Appeals Court, Prosecutors statewide have told police and sheriff's deputies to enforce only parts of the law that were upheld by both trial judges and to close down casino-style games and those "not dependent on the skill or dexterity of the player." Other sweepstakes outlets or retailers have continued to operate by getting rid of slots and Pot-o-Gold machines with cartoon-style games.

Source: WRAL

Image provided by Shutterstock. All rights reserved.


 
Forgot your password?
Username :
Password :

Shout box

You're not permitted to post shouts.
Matthew Wilsonhttps://www.facebook.com/SmashBrosEN/events What a weird idea. Nintendo will be bringing Supper smash brothers for 3ds and wiiu to collage football games.10/01/2014 - 12:52pm
PHX CorpI'll give the hosting 2 Streams on twitch a spin during extra life marathon10/01/2014 - 12:41pm
james_fudgequiknkold:: oh yeah which games?10/01/2014 - 11:20am
Andrew EisenInfophile - Your comment is on the second page. Scroll to the bottom and click "Previous Entries."10/01/2014 - 9:55am
MaskedPixelantehttps://time.com/3450854/amc-netflix-imax-crouching-tiger-hidden-dragon-boycott/ Theatres refuse to show the new Crouching Tiger movie because... well, I'm sure they've got a good PR spin reason, pick one.10/01/2014 - 9:06am
IanCForza Horrizon 2 isn't even out yet, but theres already a 31 car DLC pack, along with a season pass....10/01/2014 - 8:42am
quiknkoldstarting my Halloween Spooktacular Stream today. Every day from 7-11, I'm going to be streaming Spooky games on Twitch.10/01/2014 - 8:37am
MaskedPixelanteSteam is going to start charging us Canadians in CAD. This is bad news... for people who don't use key sellers like GMG and GamersGate.10/01/2014 - 7:23am
InfophileSomething weird was going on with that comment. As soon as I posted it, it looked like it had replies from the past. And now I can't even find it. Ah well, it was getting off-topic for that thread anyway.10/01/2014 - 4:29am
Sleaker@CraigR been using Win8.1 for a while, I don't really see any usability difference between it and 7 (Work uses 7)10/01/2014 - 2:16am
Craig R.Ok, my internal debate was short-lived. If Win10 is still a year out, I'm not waiting that long for an SSD, so on Win7 I will remain.09/30/2014 - 7:52pm
Matthew Wilsonits called windows 10, and I am happy to get the start menu back.09/30/2014 - 7:18pm
Jessy HartIs this stuff about Windows 10 legit? Is it actually called Windows 10 or is it just some stupid joke?09/30/2014 - 6:57pm
ZippyDSMleeSo I been trying to play Bioshock Infinite I got all the DLC,ect but do not want the extras to make your charatcer over powered from the start.....they force you to take them which is quite annoying......09/30/2014 - 6:45pm
Craig R.I need to upgrade to an SSD, still seriously debating moving to Win8.1 from 7 at the same time09/30/2014 - 6:07pm
Craig R.Win10 is probably Win8.1 with more cleanup and the Start button back.09/30/2014 - 6:06pm
Sora-ChanAhh, it's just weird seeing someone's post all of a sudden have replies from days prior before it was posted due to that.09/30/2014 - 5:49pm
MechaTama31sora: I broke the ordering intentionally, as AE's and my conversation had squeezed the text boxes down to be quite slim. I replied to an earlier post of his instead of the one I was actually replying to.09/30/2014 - 5:46pm
MechaTama31So, 9 would have been the good one, but they are skipping it to do two crap ones in a row?09/30/2014 - 5:41pm
Sora-ChanSo, judging from the poll post for #gamergate, it looks like too many thread replies breaks the ordering of posts, as seen with the recent post from Infophile.09/30/2014 - 5:31pm
 

Be Heard - Contact Your Politician