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.
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.
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?
Ya'll help me here. If you know the facts (no opinions, please), please answer these questions. I would really appreciate it.
Mylollipop
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?
Ya'll help me here. If you know the facts (no opinions, please), please answer these questions. I would really appreciate it.
Mylollipop
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...
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.
It would be a shame if the NC lottery is halted. At least Oklahoma didn't have these problems after it was approved.