Because of pending litigation over the state's ban on sweepstakes gambling, Cumberland County Sheriff Moose Butler has decided to postpone aggressive enforcement of the law, a spokeswoman said. At least nine sweepstakes cafes are in the sheriff's jurisdiction.Meanwhile, Fayetteville police plan to enforce the provisions of the ban that have been found constitutional by two Superior Court judges in the state, according to Police Department lawyer Patricia Bradley.Gambling cafes in the Fayetteville area have installed new games in an effort to remain legal after North Carolina's latest attempt to put them out of business.
Yet This summer, at least 36 cafes were operating in the city limits. Some have closed since the Dec. 1 ban took effect, and it's not clear how many are still in business.
One of the judges ruled that one sentence in the sweepstakes ban, from a section legally defining the games, is written too broadly and violates the U.S. Constitution's free speech provision.
The state is asking the N.C. Court of Appeals to overturn that judge's ruling and has advised police agencies to enforce only the part of the law ruled constitutional.
