Attorney General’s Office to Appeal Skill Games Ruling

A spokesperson from the Pennsylvania Attorney General’s office said they intend to take a Commonwealth Court decision ruling that skill games in the state are legal games of skill to the next level. “We intend to seek review in the Supreme Court,” the spokesperson said.

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

Skill Games Ruled to Be Legal

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 used for gambling purposes like the ones found at many PA online casinos - a result determined by chance - which were prohibited.

Legal Battle Is Not Over

According to Commonwealth Court documents detailing the judge’s decision: “The POM machines are not slot machines as commonly defined, and we decline to import a broad definition used to regulate legal gambling into this criminal statute … In light of our conclusion that the POM machines are not slot machines under the Crimes Code, we need not resolve this further dispute of the parties.  Regardless of which interpretation is proper, because the POM machines are not slot machines, the POM machines are not illegal per se.”

Said Paul Goldean, President and CEO of Pace-O-Matic: “This is a major victory for Pennsylvania Skill, but it’s equally a victory for our operators and the thousands of small businesses, volunteer fire companies, and fraternal clubs who have come to depend on the revenue our games provide. This is also a win for many players across the commonwealth who enjoy skill games as a popular entertainment option. Our games have always been legal, and this ruling proves that once and for all.”