Pace-O-Matic has won a return of property motion in Dauphin County Court. Gaming machines, related equipment and cash must now be reinstated after a wrongful seizure of the items during a Pennsylvania Bureau of Liquor Control and Enforcement (BLCE) raid in 2019.
Dauphin County Court follows Monroe County Court’s previous month’s ruling of the same conclusion. The games were deemed legal games of skill. Misconduct was also alleged by both courts in the investigation and prosecution of legal skill games.
Pace-O-Matic spokesman, Mike Barley, said, “First and foremost, this ruling again reaffirms our status as legal games of skill. This is another tremendous victory for Pennsylvania Skill games, powered by Pace-O-Matic, and our Pennsylvania small business and fraternal partners.”
Dauphin County Common Pleas Judge Andrew H. Dowling wrote, “All three of the Commonwealth witnesses opined that the games were predominantly games of chance. However, we do not find these opinions to be persuasive.
“The Commonwealth is seeking to make all machines like the Pace-O-Matic Machines into illegal gambling devices, and their whole approach and intent is to shut down games regardless of the actual gameplay.”
Monroe County Common Pleas Judge Jennifer Harlacher Sibum wrote, “The court finds that the Commonwealth improperly withheld and misrepresented material evidence relative to the issuance of the search warrant in this matter, and that such conduct warrants the suppression of the seized property.”
Pennsylvania Skill games are locally manufactured and over 90% of their profits state in-state. Pennsylvania Skill game revenue has also been beneficial to fraternal clubs and organizations across the commonwealth, including American Legions, VFWs, and local fire companies.
Pace-O-Matic’s compliance efforts include the employment of a team of former state police officers to enforce all terms of contracts and codes of conduct.
