The issue of whether Pennsylvania skill games represent illegal gambling in the state has finally arrived at its inevitable destination. The state’s Supreme Court has granted review to an appeal that could have a large impact on whether regulators in the state can shut down the machines.

So far, the company that provides the terminals to Pennsylvania businesses and organizations has had success at lower levels of the state court system. Despite losing battles, the Pennsylvania Dept. of Revenue (DOR) might still win the war.

Pennsylvania skill games lawsuit arrives in Harrisburg

According to Corey Sharp of PlayPennsylvania, the Pennsylvania Supreme Court will consider POM of Pennsylvania v. Department of Revenue. It’s uncertain right now when arguments will happen before the court.

To date, the litigation has not gone well for the state. Just last month, another court in the state once again ruled that the DOR essentially stole cash and property from Pace-o-Matic (the POM in POM of Pennsylvania) and had to give it all back.

POM won similar court proceedings in 2014, 2019, and 2022. In each instance, a state agency had to return the gaming terminals in question along with any cash they secured. In light of the victories, POM representatives have maintained the games are legal and that their partners need the revenue they bring in.

While lower court precedent might be on the side of the plaintiffs, that doesn’t necessarily mean the argument is.

Definition of gambling at heart of the dispute

The battle lines in the dispute over whether skill game machines are gambling devices or not are clear. On one side, you have the state of Pennsylvania. The state’s allies consist of Pennsylvania casinos, as they argue the games are essentially identical to their slot machines.

Pennsylvania gambling law is quite clear that unless you have a casino license, it’s illegal for you to accept real money bets via slot machines. The other side in the dispute, POM and the businesses that contract with it doesn’t dispute that fact.

https://www.playusa.com/supreme-court-review-pennsylvania-skill-games/