Commonwealth Court Overturns Philadelphia Ban on Skill Games

Across the United States, skill-based games, offering entertainment similar to traditional slot games but requiring an element of skill in order to win cash prizes, have attracted the attention of lawmakers. In Philadelphia, Pennsylvania, a citywide ban on the popular skill games was enforced earlier this year.

The proposal was supported by Councilmember Curtis Jones Jr. and was successfully signed into law in April by Mayor Cherelle L. Parker. However, the skill games ban faced pushback from developers of such games and businesses that profited from them, which challenged the prohibition.

Skill Games Ban in Philadelphia Lifted

In an unexpected turn of events, the state’s Commonwealth Court effectively ruled against the imposed skill games ban in Philadelphia. As announced by The Philadelphia Inquirer, the lift of the ban on skill games applicable for gas stations, convenience stores and other businesses came on Friday. The overturn of the restriction came after a legal challenge that was filed by Harry Sandhu, a gas station owner, as well as the skill games distributor, G&B Amusements.

Judge Patricia A. McCullough with the Commonwealth Court, acknowledged the notices and warnings businesses with skill games received by the city back in October. Besides notifying such businesses of violations, Philadelphia warned that unless those machines are removed, they may face $1,000 daily fines and revocation of licenses.

McCullough pointed to a previous decision of the Commonwealth Court which ruled that skill games are not illegal gambling machines. At the same time, the court’s decision recognized such devices as different from slot machines which can be found at the state’s racetracks and casinos. Thus, McCullough explained: “As the law stands today, POM (Pace-O-Matic) Games that are located outside of regulated facilities are neither illegal nor regulated.”

The latest decision can push lawmakers into regulating skill games rather than continue to try and ban them. Previously, lawmakers have proposed legislation calling for the taxation of such games in a similar way slots are taxed.

Supporters of Skill Games Praise the Court’s Latest Decision

While the latest court’s decision was a blow for the supporters of the skill games ban, that wasn’t the case for many businesses and game developers. G&B Amusements and Sandhu’s lawyer, Matthew H. Haverstick, was excited about the Commonwealth Court’s ruling. “We’re gratified that the Court stepped in to prevent real harm to small businesses throughout Philadelphia that rely on the POM (Pace-O-Matic) Game to make ends meet,” he revealed.

Mike Barley, a representative of Pace-O-Matic, a Georgia-based company that manufactures skill games, was equally as excited. He deemed the recent decision as “a victory for Philadelphia small businesses.” In addition, Barley pointed to the vital revenue those games generate for such businesses.