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DURHAM COUNCIL OF THE BLIND v. EDMISTEN

No. 8510SC431.

339 S.E.2d 84 (1986)

DURHAM COUNCIL OF THE BLIND for Itself and All Others Similarly Situated v. Rufus L. EDMISTEN, Attorney General of North Carolina; Mark G. Lynch, Secretary of the Department of Revenue of North Carolina; City of Durham; Ronald L. Stephens, District Attorney for the Fourteenth Prosecutorial District; State of North Carolina.

Court of Appeals of North Carolina.

February 4, 1986.

Attorney(s) appearing for the Case

Blanchard, Tucker, Twiggs, Earls & Abrams, P.A. by Howard F. Twiggs and George E. Kelly III, Raleigh, for plaintiff-appellant.

Atty. Gen. Lacy H. Thornburg by Special Deputy Atty. Gen. David S. Crump and Asst. Atty. Gen. Newton G. Pritchett, Jr., Raleigh, for defendants-appellees.

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...

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