A judge in North Carolina said the Indian Gaming Regulatory Act prohibits the state from banning video poker while allowing it to be offered on tribal lands.
The state Legislature outlawed video poker but exempted the Eastern Band of Cherokee Indians. Judge Howard Manning Jr. said the law violates IGRA.
"The state acted unlawfully in authorizing the Eastern Band of the Cherokee Indians to possess and operate video gaming machines on tribal lands within North Carolina because that activity is not allowed elsewhere in this state," Manning wrote.
The ruling is on hold so the state court of appeals can take up the case.
Get the Story:Judge strikes down N.C. video poker ban (The Charlotte Observer 2/20)
McCracken v. Easley — N.C. Court Says IGRA Doesn’t Allow State to Ban Video Poker (Turtle Talk 2/19)
Judge overturns N.C. video poker ban (WRAL 2/19) Court Decision:
McCracken v. Easley (February 19, 2009)