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N.C. Lottery under fire in court; Judge may suspend progress

North Carolina LotteryNorth Carolina Lottery: N.C. Lottery under fire in court; Judge may suspend progress

A Superior Court judge said he would decide this week whether the state should stop work on launching a lottery while lawyers debate whether the game is legal.

A group of plaintiffs, led by former N.C. Supreme Court Justice Bob Orr, asked Judge Henry Hight to impose the delay during a two-hour hearing Monday. Orr said House and Senate leaders violated the state constitution in their rush to get the lottery passed last year.

"The question is 'does political expediency trump the state constitution?' " Orr said.

An attorney for the state, however, said there's no legal problem with the way lawmakers approved the lottery and asked the judge to dismiss the lawsuit. Norma Harrell, an attorney with the state Attorney General's Office, said any delay would harm the state's school children.

Just over a third of the lottery's proceeds are supposed to go to college scholarships, building schools and hiring teachers. She said the schools could lose $1.5 million for each day the lottery's launch is delayed.

The state plans to start a lottery in March and has already spent more than $1 million on hiring about 50 staffers, leasing office space and signing contracts with lottery vendors.

The dispute is over whether the lottery is a tax. Under the state constitution, tax bills have to receive two "yes" votes on separate days to pass the House and Senate. For most other legislation, lawmakers can hold both votes on the same day.

The lottery slipped through the House and Senate on close votes last year. After the first vote, lottery backers immediately pushed through a second vote to prevent wavering lawmakers from changing their minds.

Orr said that shouldn't have happened. The lottery is a tax, he argued, even if it's voluntary.

"Obviously, no one is required to buy a lottery ticket," Orr said, but compared that to the voluntary act of paying sales tax when shopping. "No one is required to buy roses for their spouse on Valentine's Day," he added.

Charlotte Observer

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6 comments. Last comment 11 years ago by CASH Only.
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New Member
NC
United States
Member #13328
April 3, 2005
13 Posts
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Posted: February 14, 2006, 12:14 pm - IP Logged

If only there was this thing called "COMMON SENSE" in this State! Everybody knows the lottery is NOT A TAX!!!!!

I'm not believing this crap.

    mylollipop's avatar - Trek STLOGO6.png

    United States
    Member #24380
    October 21, 2005
    623 Posts
    Offline
    Posted: February 14, 2006, 12:56 pm - IP Logged

    Okay, ya'll, educate me here.  I do not mind letting you know that I am ignorant on the issues of the legality of lotteries in the USA. Will someone who is knowledgeable about the law of lotteries in the USA respond to this post, please?

    1. Why would a lottery be illegal in the first place?
    2. Lotteries are considered illegal by many religious groups.  I am a devout Christian and have studied the scriptures in depth.  There is not ONE, I repeat NOT ONE scripture that says that a lottery is wrong; nor gambling for that matter!  One of the apostles was chosen by the drawing of "lots".  There is an explanation that follows a chastisement.  There are no prohibitions on eating food for example.  But if you eat too much, then that is the prohibition (glutton).  You can drink wine, but too much is prohibited (drunkeness, liver gets destroyed, etc., etc.  Then another thing---the parable about the talents (sum of money).  The 10, 5 invested the money gave to them.  The one that had 1 talent buried is.  When the Master came back, the 10 and 5 talents people had invested their money and made a return on it!  They were praised!!! The one with 1 talent that buried it was scolded for being slothful and lazy with his money.  Is there not a stock market.  We invest in it, right.  Some investments do not yeild a good return; not all the time.  Not everybody invests in the blue chip stock, right, but they invest and get a return.  They just don't just sit on the ir money.  They make money make more money.  Now am I stretching it to say that playing the lottery is an investment?  Some investors will make a big return on a $1.00 invested or $2.00 if they play PB with power play.  We all invest, well most people invest even if it is just a drop in the bank for a savings account or CD.
    3. I do not see how investing in a lottery playslip can be considered illegal in some states or how anyone who claims they are Christian can say that lotteries are immoral.  The scriptures do not support it.  I do not know that much about Islam, Buddism, or any of the other religions or what their believers teach about lotteries gambling.
    4. Now addiction is another thing.  Addiction to anything is not good for anybody.  So, if you are addicted to anything, you can seek help if you want it.  So why would there be a prohibition on lotteries?  All other addictive vices are not prohibited in all counties/parishes of states that have a law against gambling/lotteries.
    5. What is the deal?  Who makes the money?
    6. Can a private organization sponsor a lottery?  The Catholics sponsor BINGO. 
    7. What about online lotteries?  How can they be illegal?  What would make them legal.
    8. Lottery clubs?  How they they be illegal? What would make them legal?

    Ya'll help me here.  If you know the facts  (no opinions, please), please answer these questions.  I would really appreciate it.

    LoverAnd Happy Valentines Day all LPsLover

     

    MylollipopLovies

      Tenaj's avatar - michellea
      Charlotte NC
      United States
      Member #17406
      June 18, 2005
      4053 Posts
      Offline
      Posted: February 14, 2006, 9:23 pm - IP Logged

      Okay, ya'll, educate me here.  I do not mind letting you know that I am ignorant on the issues of the legality of lotteries in the USA. Will someone who is knowledgeable about the law of lotteries in the USA respond to this post, please?

      1. Why would a lottery be illegal in the first place?
      2. Lotteries are considered illegal by many religious groups.  I am a devout Christian and have studied the scriptures in depth.  There is not ONE, I repeat NOT ONE scripture that says that a lottery is wrong; nor gambling for that matter!  One of the apostles was chosen by the drawing of "lots".  There is an explanation that follows a chastisement.  There are no prohibitions on eating food for example.  But if you eat too much, then that is the prohibition (glutton).  You can drink wine, but too much is prohibited (drunkeness, liver gets destroyed, etc., etc.  Then another thing---the parable about the talents (sum of money).  The 10, 5 invested the money gave to them.  The one that had 1 talent buried is.  When the Master came back, the 10 and 5 talents people had invested their money and made a return on it!  They were praised!!! The one with 1 talent that buried it was scolded for being slothful and lazy with his money.  Is there not a stock market.  We invest in it, right.  Some investments do not yeild a good return; not all the time.  Not everybody invests in the blue chip stock, right, but they invest and get a return.  They just don't just sit on the ir money.  They make money make more money.  Now am I stretching it to say that playing the lottery is an investment?  Some investors will make a big return on a $1.00 invested or $2.00 if they play PB with power play.  We all invest, well most people invest even if it is just a drop in the bank for a savings account or CD.
      3. I do not see how investing in a lottery playslip can be considered illegal in some states or how anyone who claims they are Christian can say that lotteries are immoral.  The scriptures do not support it.  I do not know that much about Islam, Buddism, or any of the other religions or what their believers teach about lotteries gambling.
      4. Now addiction is another thing.  Addiction to anything is not good for anybody.  So, if you are addicted to anything, you can seek help if you want it.  So why would there be a prohibition on lotteries?  All other addictive vices are not prohibited in all counties/parishes of states that have a law against gambling/lotteries.
      5. What is the deal?  Who makes the money?
      6. Can a private organization sponsor a lottery?  The Catholics sponsor BINGO. 
      7. What about online lotteries?  How can they be illegal?  What would make them legal.
      8. Lottery clubs?  How they they be illegal? What would make them legal?

      Ya'll help me here.  If you know the facts  (no opinions, please), please answer these questions.  I would really appreciate it.

      LoverAnd Happy Valentines Day all LPsLover

       

      MylollipopLovies

      DisapproveIt's just a monkey wrench mylollipop. 

      takeemtothebank

        MADDOG10's avatar - smoke
        Beautiful Florida
        United States
        Member #5709
        July 18, 2004
        20124 Posts
        Offline
        Posted: February 14, 2006, 9:38 pm - IP Logged

        What ya'll have to do is get religious groups out of politics. Now mind you, I have nothing against religon. It's just that it has no buisness in state run affairs. period...

                                                     

                                                       "  When Injustice Becomes Law, Resistance Becomes Duty "

          Avatar

          United States
          Member #26469
          November 18, 2005
          160 Posts
          Offline
          Posted: February 16, 2006, 10:23 am - IP Logged

          It doesn't surprise me that all the headlines are going very negative about any NC lottery story.The public is being shown how the judge may suspend the lottery,or how the challenge is still alive,meanwhile the lottery is still chugging along on its path.It will soon be too late for the "obstructionist"and the lottery will emerge from the conservatives cloud.


            United States
            Member #379
            June 5, 2002
            11296 Posts
            Offline
            Posted: February 18, 2006, 3:19 pm - IP Logged

            It would be a shame if the NC lottery is halted. At least Oklahoma didn't have these problems after it was approved.