Martin v. Condon

MOORE, Justice:

This appeal is from an order finding the local option provisions of the Video Game Machines Act constitutional. We reverse.

*185 FACTS

Appellant commenced this declaratory judgment action challenging the constitutionality of S.C.Code Ann. §§ 12-21-2806 and -2808 (Supp.1995) of the Video Game Machines Act. Section 12-21-2806 provides for a referendum vote held on a county-by-county basis to determine the legality of non-machine cash payouts from coin-operated video game machines. As a result of the county referenda, these payouts became illegal in twelve of the forty-six counties in…