Kansas Courts Won’t Say If Dragon’s Ascent Is a Game of Skill or Luck

Pace-O-Matic, owner and distributor of Dragon’s Ascent, has issues making Kansas authorities give a definitive statement if the game is skill or luck-based.

Pace-O-Matic Seeks Clarification for the Legal Status of Dragon’s Ascent

Georgia-based company Pace-O-Matic (POM) distributes Dragon’s Ascent, a shooting game widely available in Kansas truck stops and convenience stores. The game’s goal is to shoot dragons, with every shot costing a credit, while every dragon slain yields a prize.

However, concerned with the legality of the game, POM asked the Kansas authorities if shooting dragons with winners possibly getting cash prizes is skill or luck-based. According to POM themselves, Dragon’s Ascent is a game of “100% skill and strategy.”

The current gambling regulations in Kansas prohibit using, possessing, manufacturing or distributing a “gambling device” that enables an operator to earn money from games of chance. This is what POM is concerned about and has previously approached the Kansas Racing and Gaming Commission, the state’s gambling regulator, for clarification in 2019. However, the Commission would not offer any formal opinion after it tested Dragon’s Ascent.

Nevertheless, POM proceeded with the game’s launch and filed a lawsuit against the Kansas Attorney General, the Kansas Racing and Gaming Commission, and the Douglas County District Attorney. With this move, the company seeks a declaratory judgment by the court that the game complies with Kansas’ criminal gambling statutes. POM also claimed that those statutes are vague.

POM Files a Lawsuit

According to the Kansas Racing and Gaming Commission, which tested the devices, the game involved skill, “but contained too many non-skill features” to allow mastery. For example, the Commission observed a player beating other players “attempting to win with skill” by placing a heavy container over the joystick to benefit from continuous firing.

The gambling watchdog told POM it wasn’t making a determination on the game because the source code of the game could be changed remotely. Following this response, POM met with then-Attorney General Derek Schmidt and his staff to seek more clarification. However, because of the lack of a formal process, the company filed the aforementioned lawsuit seeking a court ruling that the game doesn’t violate Kansas gambling laws.

POM approached the Kansas Supreme Court directly with these three claims:

• That the Kansas Expanded Lottery Act doesn’t apply to Dragon’s Ascent
• That Dragon’s Ascent doesn’t violate criminal gambling statutes
• That the use of chance in gambling statutes is unconstitutionally vague

The Company Lacks Standing, according to Kansas Authorities

According to the most recent development from a few days ago, the authorities have decided that the company’s case has no standing. Kansas Supreme Court justice Keynen “K.J.” Wall Jr explained that since POM has not shown any credible threat of prosecution or injury traceable to the parties they sued, it lacks standing.

“We understand Pace-O-Matic’s desire to confirm that Dragon’s Ascent complies with Kansas law. But we cannot expand our judicial power simply because an answer would be helpful,” wrote Justice Keynen Wall. “No devices have been seized. No prosecutions have been initiated. No cease-and-desist orders have been issued. And neither the Racing and Gaming Commission nor the Attorney General has opined that the game is illegal.”

In the view of the company that owns and distributes Dragon’s Ascent, the court’s recent decision represents a victory. As explained by Michael Barley, chief public affairs officer at Pace-O-Matic, the Supreme Court does not take the position that the games are illegal. “Based on these facts and this case, we will continue to operate legally in Kansas,” Barley stated.