In a significant ruling, the Virginia Supreme Court reaffirmed the illegal status of skill games, negating a lower circuit court’s stance. Skill games, often labeled as the “Queen of Virginia,” briefly found a legal foothold in Virginia. Assembly members had approved these machines which mirror the sights and sounds of traditional slot games encountered within state-regulated casinos. However, unlike conventional slots, these skill games required players to strike a winning payline.
These gaming machines, once legal amid the pandemic, provided small businesses, eateries, and pubs a chance to assuage financial setbacks. Yet, this provisional permission terminated on June 30, 2021. Following this, Sadler Brothers Oil, housing these games at several of its fuel stations, lodged a lawsuit against the state.
The company maintains that the state’s flip-flop approach to the machines’ legality contradicts its First Amendment protections. With Sadler Brothers’ legal reins held by attorney Bill Stanley, representing the city of Franklin, Greensville County Judge Louis Lerner upheld the lawsuit as valid. He issued an injunction barring law enforcement from confiscating the machines.
Contrarily, the Virginia Supreme Court, upon reviewing the case on the state’s request, construed Lerner’s court had overstepped its bounds in issuing the injunction. The ruling asserted that the plaintiffs would unlikely triumph on the free speech plea, thereby invalidating the injunction. Consequently, skill games are no longer permitted across the commonwealth, with unsanctioned operational machines susceptible to seizure by law enforcement.
The company behind the “Queen of Virginia” machines, Georgia-based Pace-O-Matic, is one of the lead manufacturers of these devices peppered throughout Virginia. The company has stated it is scrutinizing the recent Supreme Court ruling closely.
The gaming industry promotes the idea in its lawsuit that the ethnic themes enveloping the games substantiate free expression, safeguarded by the First Amendment. The Virginia Supreme Court, however, concluded that the aspects of expression, while present, are exempt from law enforcement seizures. That said, the court clarified that such gaming laws do not bar themes or messages from skill games, instead, they restrict the practice of wagering on the games’ outcome.
These events in the gaming industry highlight the complexities of gambling laws, and the continued debate over what is considered a game of skill versus a game of chance. If you are interested in navigating the world of online gaming within the confines of the law, we at the West Island Blog recommend educating yourself about legal options. We’ve carefully curated a list of the top online casinos in Canada, all of which are fully regulated and legal to play. Simply visit our guide to online casinos to find a gambling experience that is not only exciting but above the law’s scrutiny.
