NC video poker machine ban judged by appeals court

RALEIGH -- A North Carolina appeals court is next to decide whether the General Assembly can ban video poker machines while leaving in place an exception for the Cherokee Indians. A three-member panel of the state Court of Appeals is scheduled to hear arguments Wednesday from attorneys for the state and a video poker machine vendor. Wake County Judge Howard Manning in February overturned the 2006 law that banned the machines everywhere but the Cherokee casino in the mountains. The Legislature passed the prohibition after regulating legal machines for 13 years. Manning placed a stay on his ruling so machines didn't become legal again. State attorneys have argued the ban is constitutional. A ruling by the appeals court panel isn't expected for months. (Copyright 2009 by The Associated Press. All Rights Reserved.)