The vendor had argued that the state could not ban the use of the machines while allowing the games on tribal lands. Manning wrote, "The state acted unlawfully in authorizing the Eastern Band of the Cherokee Indians to possess and operate video gaming machines on tribal lands within North Carolina because that activity is not allowed elsewhere in the state." Plaintiff attorney, Mike Tadych noted "The legislature couldn't carve out the exception after prohibiting this type of gaming in this law."
Video poker machines were first legalized in North Carolina in 1993 with additional regulations laid out in 2000. The Eastern Band began distributing machines in the mid-1990s as part of a deal worked out with Governor Jim Hunt, who was obligated by federal law to come up with a compromise.
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