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NC Senate again pushing video poker ban

After failing two years ago, state Senate leaders are again trying to ban video poker machines throughout most of North Carolina. And now they have a federal court ruling which they believe supports their authority to do so.

With no dissent, the Senate Finance Committee recommended approval of a bill Wednesday that would ban video poker everywhere except on lands held by the Eastern Band of the Cherokee Indians.

"We have a cancer in North Carolina. It's a growing cancer," said Sen. Charlie Albertson, D-Duplin. "It's sad to say all kinds of cancer can't be cured today, but here is a cancer we can solve."

State lawmakers considered a video poker ban two years ago, but instead agreed to a moratorium on new machines and a number of restrictions on existing one. A proposal by Senate leader Marc Basnight for an outright ban was dropped because of fears it could jeopardize the gaming compact that allows the Cherokees to run a video poker casino in western North Carolina.

At that time, legislators rushed to put new restrictions on video poker as a ban on the machines went into effect in South Carolina. That state's ban led a growing number of machine owners there to look north of the border for a place to operate them, even though North Carolina allows only prize payouts worth $10 or less.

A recent federal court ruling in North Carolina severely weakened the state's restrictions. However, Senate leaders are banking on a ruling by a federal judge in Arizona to conclude they can ban the machines without endangering the Cherokee's gaming compact.

In that decision, U.S. District Judge Robert C. Broomfield ruled that casino games run by Arizona tribes was constitutional even though some other gambling businesses were not allowed to engage in the same kinds of games.

Sen. Bob Rucho, R-Mecklenburg, said the ruling won't keep the state from being sued.

"Are we looking at a 75 to 100 percent chance we are going to be sued under this act?" he asked.

But legislative lawyers said any possible lawsuit would likely fail. An opinion from the office of Attorney General Roy Cooper also said the federal ruling should allow the state to ban the machines without legal liabilities.

A provision in the bill would allow the current restrictions to go back into effect if the legislation is found unconstitutional. The bill does allow the makers of video gaming machines to assemble and transport them out of state or to the Cherokee reservation.

Several county sheriffs attending Wednesday's meeting said the current restrictions, which require that machines be registered and limits them to no more than three per business, aren't working.

The sheriffs said machines are being operated illegally with cash payouts, but enforcing the law is nearly impossible.

"It's time that we pass this bill to outlaw these poker machines," said Cumberland County Sheriff Earl "Moose" Butler. "We are fighting a losing battle."