Online Poker News Blog

Legal Battle on Video Poker Resuscitated

September 18, 2007 on 1:16 am | In Poker News |

The controversy involving the ban on video poker will be decided on the merits after all. This arises after the 4th US Circuit Court of Appeals overturned the decision rendered by Judge David Norton of the US District Court.

The issue revolved upon the legality of a 1999 amendment to South Carolina’s gambling laws. In essence, the questioned provision involved the ban on video poker machines. This blanket proviso allows for the immediate seizure of these alleged illegal instruments and is subject to destruction upon determination of a local judge.

The complainant in this case, a certain Jimmy Martin filed his petition in the federal court. His arguments were based on his Constitutional right to due process as well as on the equal protection clause. He prays that the specific provision be struck down using the “void for vagueness” principle.

Defending his ruling in dismissing the complaint, Judge Norton adhered to the position that the federal courts should not interfere with State laws particularly with respect to statutes implemented and promoted for the sake of public welfare. The Federal Appeals Court, however, believes otherwise as this was an issue involving a person’s Constitutional rights versus the interest of the State.

The decision was not unanimous, though, as the final vote in reversing this case was 2 in favor and 1 dissenting in a panel composed of 3 judges.

Source:
The Charlotte Observer, posted August 29, 2007
http://www.charlotte.com/205/story/255738.html