State Ex Rel. Spire v. Strawberries, Inc.

Strawberries, Inc., and 18 other Douglas County taverns or individuals doing business as taverns appeal a district court judgment (1) permanently enjoining them from possessing or allowing the playing of video gambling devices on their premises and (2) finding Neb. Rev. Stat. § 28-1107(2) (Reissue 1989) unconstitutional.

We hold that § 28-1107(2) violates Neb. Const, art. Ill, § 24, which prohibits the Legislature from authorizing games of chance, and that the defendants’ actions constitute possession of gambling devices under § 28-1107(1). The trial court judgment is affirmed.

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