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Pace-O-Matic Wins Injunction To Halt PA Police From Seizing Skill Games Amid Raids

PITTSBURGH, PA - Commonwealth Court judges have temporarily barred Pennsylvania State Police from seizing any of the "Pennsylvania Skill" brand games marketed by Pace-O-Matic and its POM of Pennsylvania in-state subsidiary, pending a hearing scheduled for Dec. 23. Pace-O-Matic filed for the injunctive relief on Dec. 13, on the heels of last week's raids by the state police's Bureau of Liquor Enforcement and seizure of largely unregulated games of skill from five bars, three of which had POM's "Pennsylva...

December 16, 2019

PITTSBURGH, PA - Commonwealth Court judges have temporarily barred Pennsylvania State Police from seizing any of the "Pennsylvania Skill" brand games marketed by Pace-O-Matic and its POM of Pennsylvania in-state subsidiary, pending a hearing scheduled for Dec. 23.

Pace-O-Matic filed for the injunctive relief on Dec. 13, on the heels of last week's raids by the state police's Bureau of Liquor Enforcement and seizure of largely unregulated games of skill from five bars, three of which had POM's "Pennsylvania Skill" games, Penn Live reported. | READ MORE

This latest round of raids followed a Nov. 20 Commonwealth Court ruling that dismissed a state Department of Revenue argument that the machines in question are actually slot machines, improperly operating without licenses from the Pennsylvania Gaming Control Board (PGCB), according to Penn Live. No charges have been filed yet. | READ MORE

The court ruled that the PGCB has jurisdiction only over gambling operations in the casinos sanctioned by the 2006 law that legalized slot play at up to 14 Keystone State destinations. That list has since been expanded to include online games run by the casinos, video gaming terminals at truck stops and a set of mini-casinos.

However, Penn Live.com reported, Judge Patricia McCullough wrote that PGCB's jurisdiction does not extend to the bars, restaurants, clubs and convenience stores where the skill games have been proliferating in the past three years.

But continuing to the muddy the waters is that the court's Nov. 20 gives the state authority to prosecute the use of "illegal gambling" outside the licensed casinos through longstanding provisions in Pennsylvania's criminal code. It also opens the question of whether the skill games are "illegal gaming devices" will be the next phase of the case.

In 2014, a Beaver County judge ruled that Pace-O-Matic's games were not illegal gambling devices because a player's opportunity to win was determined "predominantly by skill, rather than chance." The company is now seeking from the Commonwealth Court a ruling to extend that finding statewide.

Pace-O-Matic's injunction applies only to its games so it remains unclear whether state police raids on other manufacturers' skill games will continue while its case is pending.

In response to the injunction State Police released this statement on Dec. 13:

"The Pennsylvania State Police is in receipt of the order issued by Commonwealth Court. The department will comply with the order. Investigations into illegal gambling activities in the commonwealth, however, will continue during this time.

"The State Police continues to view the so-called games of skill, which have proliferated throughout the state, as illegal gambling devices and will continue to vigorously pursue all legal avenues to combat this unlawful and detrimental activity."