Class-Action Suit Filed Against State Of N.C

Owners, players and store owners of video poker machines came together and filed a class-action lawsuit that aims to challenge a law that seeks to ban video poker machines in the state of North Carolina.

The lawsuit was filed in Wake County Superior Court, on basis of the claims that the prohibition is unconstitutional. The filing of the lawsuit came just ahead of an Oct. 1 deadline to begin the phasing out of the video poker machines.

Come Oct. 1, machine operators and business establishments who house video poker machines will have to cut the number of machines to a maximum of two. The number would eventually be down to zero come July 1, 2007.

Dan Boyce, one of the lawyers representing the plaintiffs, said that the prohibition would translate to millions of dollars in losses to those concerned.

"The state of North Carolina changed public policy to make gambling legal by operating a lottery and by entering into a contract with the Cherokee Indians," Boyce said.

"I don't understand why they don't legalize them (video poker machines)," said Ed Thurmond, owner of ET's Bar and Grill in Arden. "They have it at Cherokee."

Thurmond said that he would now have to apply for a license to sell liquor and depend on alcohol sales to make up for the loss from video poker machines.