In the heart of Kentucky, a high-stakes showdown unfolds around skill games—those unlicensed machines often tucked away in convenience stores, gas stations, and local watering holes.
The latest battle resulted in a legal win for proponents of The Bluegrass State’s ban on skill game machines.
Franklin County Circuit Judge Phillip Shepherd’s rejection of constitutional challenges against the 2023 law was pivotal. The summary judgment, sought by Attorney General Russell Coleman’s office, solidified the ruling without the need for a full trial. The request from the state attorney general’s office contended that the ban did not infringe upon free speech or equal protection guarantees.
Judge Shepherd underscored Kentucky’s extensive history of gambling regulation, stating in his ruling, “Given Kentucky’s longstanding regulatory framework for gambling, it was unreasonable for investors to anticipate that machines operating in legally ambiguous areas as gambling devices would remain immune from future legislative regulation or prohibition.”
Skill Games Illegal Since 2023 in Kentucky
Governor Andy Beshear, wielding the legislative hammer, swung it down hard with HB 594 in March 2023, effectively outlawing these machines. But the game isn’t over yet. Supporters of the skill games typically brandish arguments about free-speech rights enshrined in Kentucky’s constitution. They’re proposing alternative legislation that aims to tame and tax these elusive devices.
Meanwhile, opponents insist that the games are illegal. They fear that turning a blind eye to the ban might just open the floodgates to a wild west of gambling across the state.
What Are Skill-Based Machines?
Skill-based machines offer players a unique opportunity to influence game outcomes, albeit subtly in some cases.
Traditional slot play typically involves placing a bet, spinning the reels, and relying solely on a random number generator (RNG) for results. With skill-based machines, this fundamental process remains unchanged: you bet, spin, and the RNG determines the symbols displayed. However, what sets skill-based slots apart are interactive bonus rounds. These rounds, triggered by matching specific scatter symbols, challenge players to showcase their abilities for a chance to win additional prizes.
While skill remains a supplementary factor in these games, they primarily rely on luck. The core mechanics—placing bets, spinning reels, and awaiting RNG outcomes—remain constant, with bonus rounds offering an added layer of player engagement and potential winnings.
Virginia Lawmakers Also Grappling with Skill Games
Skill game machines have become a focal point in multiple states‘ legislative landscapes. Recent developments in Pennsylvania and Virginia illustrate starkly contrasting paths on this contentious issue.
Virginia’s stance shifted dramatically when its Supreme Court declared skill games illegal in October. Despite this ruling, Virginia legislators later introduced two bills aiming to legalize these machines. But both were vetoed.
Pennsylvania Struggling to Decide on Skill Games, Too
Contrary to Kentucky and Virginia, Pennsylvania’s judicial system has leaned towards supporting skill games, asserting they are not gambling devices. The state’s Supreme Court declined to review an appeal against the seizure of these machines by authorities.
Meanwhile, Pennsylvania lawmakers have long debated the regulation of skill games. While the Pennsylvania Lottery and the casino industry argue that skill games lead to revenue loss, a complete ban would impact state tax income.
The legalization of skill games is expected to continue being a prominent topic of discussion as states move into 2025.
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