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Friday, December 14, 2012

Video sweepstakes parlors? State can ban 'em, N.C. high court says

Posted by on Fri, Dec 14, 2012 at 12:37 PM

The setup in Roanoke Rapids

Another tough break for the palace in Roanoke Rapids formerly known as the Randy Parton Theater.

Let's see if the Republicans in Raleigh change directions now and let them stay open — w/ campaign contributions cheerfully accepted.

A unanimous Supreme Court opinion, with a sharp rebuke to the plaintiffs written by Justice Robin Hudson.

In a word, Ouch!

Plaintiffs have attempted to “skillfully disguise[ ]” conduct with a façade of speech to gain First Amendment protection for their conduct. Lipkin, 169 N.C. at 329, 169 N.C. at 271, 84 S.E. at 343. We have “strip[ped] the transaction of all its thin and false apparel and consider[ed] it in its very nakedness,” id., and have found plaintiffs‟ arguments unavailing. We conclude that N.C.G.S. § 14-306.4 regulates conduct, with only incidental burdens on associated speech, and is therefore constitutional.

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