Sometimes, I feel like I’m beating a dead horse here, but someone has to keep calling the District Attorney, Kristy Newton and her police-state “Hoke and Scotland County Joint Gaming Task Force” out and it seems as if I’ve been elected. Because of the actions of Mrs. Newton and the coalition that she helped to create, over a hundred plus people lost their jobs. Over twenty plus businesses were forced to close. Hundreds of thousands of dollars that were invested in starting and developing these businesses by business owners trying to invest in this county and community were essentially thrown away and wasted as the businesses were not allowed to continue. And money from customers, potentially hundreds of thousands more dollars, that could be coming into the community and local businesses, has been thrown away as well.

Sweepstakes is nothing new in Scotland County and there has always been a love / hate relationship between the Sweepstakes businesses and the local government. The local governments love the large amount of money and revenue that the Sweepstakes businesses bring them, charging excessive fees for business licenses and local licenses that would only cost a fraction of the amount for any other kind of business. But at the same time, the local government leaders hate the Sweepstakes because they’re considered “low-brow”, “seedy”, “gambling” and “attract a bad crowd”.

By the way, in the almost four months we were open at the Sweepstakes where I was working, we never had a single incident or problem that required law enforcement. Not a single problem. And I never heard of any other Sweepstakes place here in Laurinburg having any kind of problems, with the sole exception of a guy who was arrested for indecent exposure. By comparison, when I worked at a local convenient store, just a few hundred yards away from where the Sweepstakes business was located, there were incidents almost every day and I witnessed more bare flesh exposed in an average week than one would find at a strip club. So which one is attracting the bad crowd and would be considered more “low-brow” and “seedy”? Yet, I don’t see anyone trying to close the convenient stores. By the way, the convenient stores sell alcohol and tobacco products, which cause far more damage to the family unit than video sweepstakes can ever be claimed too. And they also sell Lottery tickets. That’s gambling too, right?

But as I was saying, Sweepstakes businesses are nothing new to Scotland County. We had several businesses in operation a couple of years ago and our District Attorney, following the example that was prevalent across North Carolina, used her authority to order the local law enforcement to close the businesses. But there was a slight catch to all of that. Some of the businesses had taken a look at the NC laws pertaining to video sweepstakes and altered the software used in the machines. They were using pre-reveal software that, based on the NC Statues as written, was acceptable and legal. So an arrest was made, machines were confiscated and the matter went to court.

“And what happened in court”, you ask. “Based upon the FORGOING FINDINGS OF FACT, the court concludes as a matter of law: That the “Blue Diamond pre-reveal Sweepstakes system” is not in violation of NCGS 814.306.4.” That’s right. The software being used was found to be in compliance with the law, the Sweepstakes owner, Robert Outlaw, was found “Not Guilty” and the machines that had been confiscated were ordered to be returned.

After this decision was announced, Mr. Outlaw reopened his businesses. Several others also came to Scotland County, invested their money into the community by taking buildings that had been empty and were falling apart and fixing them up, refurnishing them and turning them into workable businesses, providing jobs and revenue for the community. There were a few naysayers as expected who preferred to see empty buildings and people out of work rather than allow grown adults the chance to make their own decisions and have some entertainment and something to do, but for the most part, everyone seemed to be satisfied. Except for our District Attorney, Kristy Newton.

Even though the matter had already been decided in a court of law, she took it upon herself to form the “Hoke and Scotland County Joint Gaming Task Force” and to make it her goal to rid the area under her authority of the dreaded “Internet Sweepstakes”. By the way, I find it interesting that Mrs. Newton and her associates were so adament about how illegal and wrong these businesses are, yet they had been found to be in compliance with the law by the courts and also, there are several Internet Sweepstakes businesses operating in Raleigh, the capital city of our great state, and they have yet to have any kind of problems or complaints from law enforcement or government officials. So it’s allowed in Raleigh, where the laws are made, but not in Scotland County? Another question that should be investigated.

In June, the Task Force, headed by Mrs. Newton, put out notices to all of the Sweepstakes businesses in Scotland County, forcing the businesses to either close down and shut their doors or else face legal battles. One business owner, Robert Outlaw, decided to defy the threats and remained open. After all, his business was already determined to be legal and in compliance with the law by the courts.

But that didn’t matter to Mrs. Newton and the members of her Task Force. On July 1, 2014, law enforcement officers raided and shut down the Carolina Cyber Center. owned by Mr. Outlaw. Computers and gaming equipement were confiscated and removed from the business. So despite it already being a matter of record that the equipment used by this business was legal, the officers confiscated (I would call it “stole”) the machines and closed the business.

Isn’t there a little thing in the Constitution about charging a person with the same crime more than once? I think it’s in the Bill of Rights and called Article [V] – Amendment 5 (Rights of Persons). It says, “nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb”. So by coming in and charging Mr. Outlaw with the same charges, the “Task Force” is clearly in violation of that particular Article. But the Task Force and the District Attorney found a nice little way to get around that little technicality. They confiscated the machines and closed the business, but haven’t pressed any charges. Very clever (and sneaky). But then there is this, also found in the Bill of Rights.

Article [IV] (Amendment 4 – Search and Seizure)
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

And this as well. Article [VI] (Amendment 6 – Rights of Accused in Criminal Prosecutions)
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

So what we have here is the District Attorney and the officers, under her direction, conducting a raid of questionable legality, illegal seizure of property since the material seized was already found to be in compliance with the law by the courts, and a denial of rights to fight against this injustice by not bringing charges and allowing Mr. Outlaw and the other Sweepstakes owners their day in court and a chance to confront their accusers in a speedy and public trial.

I’ve always thought that law enforcement officials and especially elected officials like the District Attorney were supposed to follow the order of the law and follow the Constitution, but that doesn’t seem to be the case here. Mrs. Newton is playing games and hoping that people will forget about the jobs she cost us and the businesses she has cost Scotland County. She would probably say that she was “just doing her job”, but her job is to follow the laws, even the ones she doesn’t agree with or like (like the pre-reveal software being legal and in compliance), and give the Sweepstakes owners their day in court in front of a judge where both parties can argue their cases and see what happens. If she can’t do that, she should step aside and resign and let someone competent take over the job.

Think about it!