WEST VIRGINIA -- Thanks to a federal judge’s ruling last week, businesses with video lottery machines can now advertise more freely, the Charleston Gazette reports.
In February, the American Civil Liberties Union filed a lawsuit on behalf of the West Virginia Association of Club Owners and Fraternal Services. The lawsuit claimed that the 2004 state regulations that banned certain words and images unfairly restricted advertising and violated the First Amendment.
The Limited Video Lottery Act of 2004 banned almost 200 words and images from advertising, such as “blackjack,” “money” and “cards.” Also, words related to well-known casinos and gambling destinations were banned.
On September 28, Chief U.S. District Judge Joseph R. Goodwin granted an injunction against the West Virginia Lottery Commission, blocking the state from enforcing the regulations.
Jean Angle, owner of The Pour House Sports Bar in North Charleston, said her machines help pay her rent and utilities at the bar. She receives a 28 percent payout on what the machines bring in.
With the changes, she hopes that her take-home will increase, she said. She plans on adding video lottery advertising to the bar’s signage along Washington Street West. Stores and clubs can operate five video lottery machines apiece. Fraternal organizations can have 10 per location. In August, there were 8,178 such machines at 1,658 locations in all but two of West Virginia’s 55 counties.
While these establishments couldn’t advertise their video lottery offerings, the state’s four racetracks could.