Pennsylvania Skill Games ruled legal games of skill by York County court

April 18, 2023
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Pace-O-Matic has won another return of property motion for the wrongful seizure of its gaming property.

Game developer Pace-O-Matic has announced that the company has won a return of property motion in York County, Pennsylvania. The gaming machines, equipment and cash were seized during a 2019 raid by the Pennsylvania Bureau of Liquor Control and Enforcement (BLCE).

Last month Pace-O-Matic also won a return of property motion in Dauphin County Court, following a ruling in February that Pace-O-Matic’s Pennsylvania Skill Games were, in fact, legally games of skill and not chance. The Pennsylvania Gaming Control Board (PGCB), initially aimed to classify Pennsylvania Skill as a form of illegal gambling.

The Dauphin County Court ruling criticized both the Commonwealth and BLCE for “biased conduct.” Judge Andrew H. Dowling wrote, “The Commonwealth is seeking to make all machines like the POM Machines into illegal gambling devices. Their whole intent is to shut down games regardless of the actual gameplay.”

Matthew Haverstick of Kleinbard LLC, counsel for Pace-O-Matic, said, " The Commonwealth has wrongfully seized this equipment for years with no credible evidence that they are illegal. This issue as a matter of law is decided. The courts have ruled appropriately and consistently so."

Pace-O-Matic's Chief Public Affairs Officer, Mike Barley, said, "Again, another Pennsylvania Court found that Pennsylvania Skill games are legal games of predominant skill. With the legality of our games upheld repeatedly, we are eager to work with the legislature to pass legislation that will fairly regulate and tax the skill game industry.”

Pennsylvania Skill games are manufactured locally by Miele Manufacturing, which is said to have created over 200 jobs. Over 90% of the machines’ profits stay inside Pennsylvania. The machines can be found at businesses, social clubs and veterans’ organizations.

Pace-O-Matic employs a team of former state police officers to enforce all terms of contracts and codes of conduct to ensure compliance.

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