In Richmond County, North Carolina, Sheriff James Clemmons said he knows illegal gambling exists in the area, but his “hands are tied” because of a July amendment to a court order that temporarily bars any legal action against users or owners of video gambling machines. “It’s not the fact that law enforcement is not doing anything about it or turning a blind eye,” Clemmons said.
The court order comes from a ruling in the case of plaintiffs Sandhill Amusements Inc. and Gift Surplus LLC. They argued Gift Surplus machines were lawful under N.C.G.S. 14-306.4 ,which states an electronic gambling machine involves “the random or chance matching of different pictures, words, numbers or symbols not dependent on the skill or dexterity of the player.” Gift Surplus claimed it offers gift cards through a lawful sweepstakes promotion that does require skill or dexterity, according to court documents.
The original ruling in February was amended in July because its language was unclear regarding whether all law enforcement officers were barred from enforcing the particular statutes. As a result, several law enforcement agencies conducted raids and officers seized Gift Surplus kiosks. The amendment added language to include “any and all sworn law enforcement officers at the state, county or municipal level acting under color of state law”–meaning all law enforcement in North Carolina, including Alcohol Law Enforcement.
Clemmons said he has “no earthly idea” why Superior Court Judge Ebern Watson issued the restraining order. “It makes no sense to law enforcement how a judge could come back after the Supreme Court rules that it’s illegal and then grants a temporary restraining order for all law enforcement officers in the state of North Carolina,” Clemmons said. The North Carolina Supreme Court banned the use of video gambling machines in 2013.
Clemmons said law enforcement had been regularly investigating illegal gambling cases prior to the July ruling. He said the Richmond County Sheriff’s Office still receives complaints from residents about video gambling machines in use, operating out of storefronts and converted residences. Since the order prevents officers from even conducting surveillance, he’s not sure how many machines are in use. “The temporary restraining order has handicapped us in doing our jobs. The order will not allow us to enforce the law as it pertains to video poker and gambling,” he stated.
While the restraining order is in effect, law enforcement cannot charge anyone for using or owning the gaming machines. But Clemmons said if the court lifts the order, law enforcement will be able to retroactively charge those who use or own the games. “If you start this business knowing it’s illegal, retroactively, when and if this order is overturned, those individuals or owners can be charged,” he said.
