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

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Andrew EisenWhen I write about these massacres, I don't use the shooter's name or picture. I'm not saying everyone has to play it that way but that's how I prefer to do it.10/25/2014 - 12:44am
Andrew EisenYep, it's why the news media stopped spotlighting numbnuts who run out on the field during sporting events.10/25/2014 - 12:01am
Matthew Wilsonin media research its called the copycat effect. it simply says that if the news covers one mass shooting shooter, it increases the likelihood of another person going on a mass shooting.10/25/2014 - 12:00am
Andrew EisenAgreed. It bugs me that I know the names, faces and personal histories of a bunch of mass shooters but I couldn't tell you the name of or recognize a photo of a single one of their victims.10/24/2014 - 11:51pm
AvalongodAgree with Quiknkold. @Mecha...if that worked we would have figured out how to prevent these long ago.10/24/2014 - 11:32pm
MechaCrashUnfortunately, you have to focus on the perpetrator to figure out the whys so you can try to prevent it from happening again.10/24/2014 - 10:55pm
quiknkoldpoor girl. poor victims. rather focus on them then the shooter. giving too much thought to the monster takes away from the victims.10/24/2014 - 10:15pm
Andrew EisenFor what it's worth, early reports are painting the motive as "he was pissed that a particular girl wouldn't date him."10/24/2014 - 10:12pm
quiknkoldwell then I suck as a man cause I ask for help when necessary :P10/24/2014 - 10:07pm
Technogeek(That said, mostly I was making the smartass evopsych comment because your post seemed like the kind of just-so story that has come to dominate 99% of its usage.)10/24/2014 - 10:04pm
TechnogeekHell, Liam Neeson built his modern career around it. Cultural factors likely play a far greater role than you appear willing to admit.10/24/2014 - 10:03pm
TechnogeekSeriously, though, the idea of "because women are protectors and that's why they never commit school shootings" is, at best, grossly overreductive. There's nothing inherently feminine about being willing to kill in order to protect one's offspring.10/24/2014 - 10:03pm
MechaCrashThe "toxic masculinity" thing refers to how you have to SUCK IT UP AND BE A MAN because seeking help is seen as weakness, which means you suck at manliness, so it builds and builds and builds until something finally snaps.10/24/2014 - 10:01pm
quiknkoldthere, I'm done. And thats what Christmas is all about, Charlie Brown10/24/2014 - 9:54pm
quiknkoldand I am not spouting Evopsych, technogeek. tbh I never heard the phrase till you said it. I'm going off my observations.10/24/2014 - 9:54pm
quiknkoldmoreover, the guy who did this isnt even white. He was native american according to the news report I read. Also that he went for a specific target. That's a much different picture than a certain Sandy Hook guy who will not be named10/24/2014 - 9:53pm
quiknkoldbut I am also certain nobody in their right mind is committing these shootings singing the Machoman song. these are sick individuals who have given up on life10/24/2014 - 9:51pm
Technogeekevopsych lol10/24/2014 - 9:49pm
quiknkoldWhen you suffer from mental illness, youre more likely to go by instinct. yes. I came off as sexist.10/24/2014 - 9:46pm
quiknkoldmore on somthing they are fixated on. Post Partum Depression is an example. This is why a woman is less likely to go off on a rampage.10/24/2014 - 9:44pm
 

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