Durham Council of the Blind v. Edmisten

WEBB, Judge.

The first question posed by this appeal is whether the plaintiff may proceed by a civil action for an injunction against the enforcement of a criminal statute. G.S. 14-309.5 provides that it is a Class H felony to operate a bingo game without a license. The plaintiff seeks to avoid prosecution under this statute. The general rule is that equity will not restrain the enforcement of a statute providing a criminal penalty for its violation. D & W, Inc. v. Charlotte, 268 N.C. 577, 151 S.E. 2d 241, supplemental opinion, 268 N.C. 720, 152 S.E. 2d 199 (1966). An exception to this rule is…