Video poker operators file federal lawsuit against ban

ROME - A hearing is scheduled for Tuesday on a federal lawsuit filed by video poker operators who are seeking to overturn a state law banning the machines. <br> <br> A Ringgold truck stop and six other machine operators from Rome and northwest Georgia, are asking U.S. District Judge Harold Murphy to quash the July 1 deadline set by the Georgia Supreme Court to have the machines out of the state. <br> <br> The General Assembly passed a measure outlawing the machines during last summer&#39;s special session. <br> <br> The operators were able to escape a Jan. 1 deadline with a ruling from a Fulton County court, but the state Supreme Court upheld the video poker ban on May 28. <br> <br> ``Now that the video poker industry has lost in state court, it&#39;s not surprising that they have chosen to try their luck in federal court,&#39;&#39; said Russ Willard, a spokesman with the Georgia Attorney General&#39;s Office. Willard said the state has has not yet filed a response. <br> <br> Murphy dismissed an earlier attempt by the operators in federal court because of lack of jurisdiction. <br> <br> Operators and owners are required to unplug their machines and have them removed from the state. They claim that violates constitutional protections against unlawful taking and deprivation of due process.