Anti-lottery group considers legal challenge to N.C. Lottery

Posted: 9/20/2005 8:50:13 PM

There might yet be a legal fight over the new North Carolina lottery.

A spokesman for Citizens United Against the Lottery, a coalition formed to fight its creation, said Monday that the group is weighing a lawsuit challenging how the lottery was approved.

"It's in distinct consideration," said Bob Rosser, a spokesman for the group, whose board includes former legislator Chuck Neely, former UNC system presidents Bill Friday and C.D. Spangler Jr., and Capitol Broadcasting Co. chief Jim Goodmon. "We are looking at it carefully. But as of now, there has been no decision."

The lawsuit would have nothing to do with the Senate's last-minute approval in the waning days of the session, cinched when two Republicans were absent.

Instead, Rosser said, it would center on how the House passed the lottery in a 61-59 vote April 6.

The legal question revolves around a part of the state constitution dealing with laws passed to "raise money on the credit of the state" or to "impose a tax." Such laws can only be passed after three readings on three different days, according to the constitution.

Rep. Paul Stam, a Wake County Republican, tried to make sure there was delay after the vote April 6 -- the lottery's second reading. But he was quickly overruled by House Speaker Jim Black, who later said the lottery isn't a tax bill.

But Rosser said his group views the lottery as a bill that falls under the requirement for delayed votes.

"It's one of those," he said.

Source: News & Observer