Attorney General Roy Cooper refused a request to halt a phase out of the approximately 10,000 video poker machines that are currently in operation across North Carolina today. A Raleigh law firm that represents video poker businesses based in North Carolina has disclosed today that they plan to file a lawsuit to overturn the ban. According to the legislature approved phase out, businesses are to begin removing one third of the machines by Oct. 1, with a total ban to come into effect on July 1,of next year .“The Attorney General believes the law is constitutional and that it’s also good public policy,� commented Melissa Lovell, a spokesperson for the Attorney General.

Attorneys Gene and Dan Boyce of the Raleigh law firm say that the new law is in fact unconstitutional. In a letter that was sent to Attorney General Cooper earlier this week, the two lawyers contend that video poker operators are being unfairly forced out business while the state offers gambling though a new lottery and the Eastern Band of the Cherokee is allowed to offer the gaming machines at a casino in Western North Carolina.

“Our clients believe enforcement of this new law is illegal and unconstitutional and they request that you file an action to determine whether (the video poker ban) is illegal or unconstitutional before they suffer substantial losses of property, income and unemployment,� the Boyces argued.

State law prohibits video poker machines from paying out more than $10 in merchandise, however, the Cherokee casino is exempt from the law. Because of the ability to easily covert the video poker machines to pay out thousands in winnings state and local law enforcement agencies have long insisted on banning them.

“We disagree with Mr. Cooper’s public policy that it’s better to sent millions of dollars out of the state to Harrah’s and GTECH and at the same time put over 100 mom-and-pop businesses out of business,� Dan Boyce explained. “We intend to file suit since he will not protect them.�

- Ryan Wallace