United States Fourth Circuit

In a suit seeking invalidation of West Virginia's restrictions on limited video lottery advertising, brought by an association composed of clubs, restaurants, and other organizations with alcohol licenses which are also state-licensed limited video lottery retailers, grant of a preliminary injunction enjoining enforcement of the restrictions in their entirety is reversed where the injunction would eviscerate the state's balanced approach to lottery promotion, undermine the goals set forth by the state in enacting the legislation, and instead convey on plaintiffs an unrestricted right to advertise.

Appellate Information

• Decided 01/13/2009
• Published 01/13/2009

Judges

• Before WILKINSON and DUNCAN, Circuit Judges, and RICHARD D. BENNETT, United States District Judge for the District of Maryland, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Katherine Ann Schultz, Office of the Attorney General of West Virginia, Charleston, West Virginia, for Appellant.  Terri S. Baur, American Civil Liberties Union of West Virginia, Charleston, West Virginia, for Appellee.   ON BRIEF:  Darrell V. McGraw, Jr., Attorney General, Barbara H. Allen, Managing Deputy Attorney General, Office of the Attorney General of West Virginia, Charleston, West Virginia, for Appellant.  Roger D. Forman, Forman & Huber, L.C., Charleston, West Virginia, for Appellee.