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MARTIN v. LLOYD

No. 11-1405.

700 F.3d 132 (2012)

Jimmy MARTIN; Lucky Strike LLC, Plaintiffs-Appellants, v. Reginald I. LLOYD, as Chief of the South Carolina Law Enforcement Division; Scarlett A. Wilson, as Solicitor of the Ninth Judicial Circuit; Alan Wilson, as the Attorney General for the State of South Carolina, Defendants-Appellees, and Robert Stewart, as Chief of the South Carolina Law Enforcement Division; Henry McMaster, as Attorney General of the State of South Carolina; Ralph Hoisington, as Solicitor of the Ninth Judicial Circuit, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: November 21, 2012.

Attorney(s) appearing for the Case

ARGUED: James Mixon Griffin , Lewis, Babcock & Griffin, LLP, Columbia, South Carolina, for Appellants. Kenneth Paul Woodington , Davidson & Lindemann, PA, Columbia, South Carolina, for Appellees. ON BRIEF: Richard A. Harpootlian , Law Offices of Richard A. Harpootlian, Columbia, South Carolina, for Appellants. Alan Wilson , Attorney General, Robert D. Cook , Deputy Attorney General, C. Havird Jones, Jr. , Senior Assistant Attorney General, Office of the Attorney General, Columbia, South Carolina, for Appellees Alan Wilson and Scarlett A. Wilson; William H. Davidson, II , Davidson & Lindemann, PA, Columbia, South Carolina, for Appellee Reginald I. Lloyd.

Affirmed by published opinion. Judge GREGORY wrote the opinion, in which Judge WILKINSON and Judge MOTZ joined.

OPINION

GREGORY, Circuit Judge:

Appellants Jimmy Martin ("Martin") and Lucky Strike, LLC ("Lucky Strike") appeal the district court's grant of summary judgment in an action to enjoin enforcement of two South Carolina statutes, S.C.Code Ann. §§ 12-21-2710 and 12-21-2712, which prohibit certain "device[s] pertaining to games of chance." Appellants put forward two theories: first, that § 2710 is...

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