Judge overturns ban on video poker machines

Keith Parsons

Tuesday, Jan. 15, 2002 | 9:03 a.m.

ATLANTA -- A judge overturned Georgia's new ban on video poker machines Monday, calling the law unconstitutionally vague and the result of lawmaking that "poses a real threat to liberty."

The Legislature passed the law during a special session last summer, responding to complaints that companies moved thousands of video poker machines to Georgia after they were banned in neighboring South Carolina two years ago.

Three companies -- Old South Amusements, Game World Inc. and Phoenix Amusements Inc. -- challenged the law.

Fulton County Superior Court Judge John Goger, who earlier issued a temporary restraining order preventing the ban from taking effect as scheduled Jan. 1, said Monday that the law, "however well-intentioned ... must be doomed."

"The law criminalizes a game when it is being played and operated as a game," Goger wrote. "This is the sort of lawmaking which poses a real threat to liberty."

A Georgia Bureau of Investigation report estimated there are between 15,000 and 20,385 video poker machines in Georgia, accounting for annual gross proceeds of more than $1 billion.

The ban prohibited machines that allow games of chance such as poker, blackjack or keno, but didn't affect arcade-style amusement games. Cruise ships docking in Georgia are exempt.

A spokesman for state Attorney General Thurbert Baker said the decision will be appealed; in the meantime, video poker halls will remain open.