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.


 
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MattsworknameFrom rares golden days they come, thse clasics of old. Plus, the battletoads arcade game08/03/2015 - 8:30pm
Andrew EisenI am a big Rare fan though. Many of its games are some of my absolute favorites.08/03/2015 - 8:09pm
MattsworknameAndrew: Thats fair enough, most of the games on it are games i've not played in long times, and some are games I never heard of , so I want it, but, in some cases, its may not appeal, and I can understand that08/03/2015 - 7:56pm
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benohawkI won't be getting it soon since I don't have an xbone, but it's getting me to put serious thought to picking one up08/03/2015 - 7:37pm
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MattsworknameAnyone else going, or anyone else getting rare replay?08/03/2015 - 7:06pm
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MattsworknameDoc:: Thanks for the link, but im not interested in bickering with IP about anything. as ive noted, ive not need to argue with him'08/03/2015 - 6:58pm
Andrew EisenOne of the major points of contention seems to be whether or not TB shared or linked to a specific video, something that should be fairly easy to verify.08/03/2015 - 6:53pm
Andrew EisenNice to know what TB was referring to. What I'd like to observe is that this Kaiser chap was merely stating his opinion on his Twitter. He didn't tag in TB or GOG. So, I wouldn't classify this (and just THIS specifically) as harassment.08/03/2015 - 6:48pm
DocMelonheadAnd TB's Response: https://soundcloud.com/totalbiscuit/enough08/03/2015 - 6:41pm
DocMelonheadMWK and IP: but if you want something recent for both of you to bicker about in regards to TB, I present you the Rowan Kaiser Slandering TB: https://archive.is/LEA5T08/03/2015 - 6:41pm
Mattsworknametreatment. might have made him just a bit bitter08/03/2015 - 6:38pm
MattsworknameDOC: Tb is an opionated dude who holds extremely strong beliefs and has a severe distaste for those he views as being on the other side of the gamergate isue. I think a big part of it might be all those who went after him when he was undergoing cancer08/03/2015 - 6:38pm
DocMelonheadIP: You have to remember the human, everyone shouldn't be treated as gods or devils. Otherwise, we could've kill Bill Cosby for raping 40 women over the course of his career.08/03/2015 - 6:37pm
DocMelonheadIP: So yeah, he did spread misinformation about the victims of Gamergate Harassment: And that's bad. But It's not worth calling him out as a horrible person because of those lies that he helps spread.08/03/2015 - 6:33pm
MattsworknameAndrew: i know, I know, im just being a bit over serious today.08/03/2015 - 6:33pm
DocMelonheadIP: Should we call out Game Politics for their refusal to exclude all of Gamergate that isn't Hate speech or harassment? Because that is what your attitude tells me.08/03/2015 - 6:28pm
 

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