Attorney General’s Office Launches Appeal of Skill Games Ruling

The Pennsylvania Attorney General’s office has appealed a landmark Commonwealth Court decision that skill games in the state are legal games of skill.

A spokesperson from their office said they had no comment outside of what is contained in the petition filing. 

The issue around whether skill games are legal or not has been ongoing in Pennsylvania for years. Proponents of skill games, like poker, blackjack, rummy, say they involve strategy and proficiency, and are not purely games of chance. The games are typically found in bars, gas stations and convenience stores.

Court Case Dates Back To 2019 

The decision in Commonwealth Court originated from the seizure of three “Pace-O-Matic (POM)” skill amusement devices and $525 in currency from Champions Bar in December of 2019. No criminal charges were filed but the bar was issued a citation for permitting gambling. 

It was then argued by the defendants in court that the devices were games of skill. 

The Attorney General’s office says they were slot machines, devices used for gambling purposes - a result determined by chance - which were prohibited.

“Same Tired, Baseless, And Weak Arguments”

“I am not surprised that the Attorney General’s Office is seeking an appeal of the Commonwealth Court ruling, as they stated they would do so,” said Matt Haverstick, lead counsel for Pace-O-Matic in Pennsylvania. 

“The content of the brief includes the same tired, baseless, and weak arguments. The Commonwealth Court ruled that skill games are legal games of skill because, objectively, that is what they are. We will continue to rightfully, and confidently, defend the legality of skill games in Pennsylvania.”

The argument by the Attorney General’s office, and many of the state’s land-based casinos, is that the Commonwealth Court’s decision will have dangerous consequences for both consumers and the state’s gambling industry. A skill machine generates no state or local tax benefit, they argued. Casino slots, as those found at PA online casinos, are regulated for fair play, whereas skill games are not, it’s also argued.