Lawsuit Against Lottery Asks the Courts to Stop the Games

The North Carolina Institute for Constitutional Law has filed suit to challenge North Carolina's new lottery. The challenge is based on the fact that the lottery was not considered on three separate days as most revenue bills must be. The State's claim is that the lottery is not a form of revenue. This claim is despite the fact that the reason Easley gave for needing the lottery was obtaining revenue.

Now the Institute is asking the court to prevent the games from beginning until after the suit is decided. From the Winston-Salem Journal:

A conservative legal foundation wants a judge to prevent the N.C. Education Lottery from doing any work while a lawsuit challenging the lottery's passage in the General Assembly is heard.

In a filing late yesterday in Wake Superior Court, Robert Orr of the North Carolina Institute for Constitutional Law filed a motion asking a judge to order the lottery commission to stop operating for now.

The proposed preliminary injunction would also keep state officials from lending the lottery commission up to $10 million for startup costs and bar the commission from entering into vendor or retailer contracts.

The lottery is not a done deal yet. I know a lot of people here will be happy with that.