The Commonwealth Court of Pennsylvania has overturned a municipal law banning skill games in Philadelphia. The city’s mayor, Cherelle Parker, signed the legislation into law in April of this year. However, the court’s decision means that small businesses will once again be able to install the controversial machines, which superficially resemble slots but include an element of skill to skirt the legal definition of gambling.
Parker cited safety concerns and crime as her reasons for banning skill games in Philadelphia gas stations and corner stores. Pace-O-Matic (POM), a Georgia-based skill games manufacturer, took issue with the mayor’s decision, and filed a lawsuit as a result.
Mike Barley, spokesman for Pace-O-Matic, made the following statement to PlayPennsylvania regarding the court’s decision:
“Pace-O-Matic is pleased, and not surprised, that Commonwealth Court agrees the ban passed by Philadelphia City Council is unlawful.
“Lifting it is a victory for Philadelphia small businesses that count on the supplemental income they receive when patrons play the Pennsylvania Skill games they operate in their establishments. This ban did nothing more than harm businesses that are already struggling because of the economy.”
POM fighting for skill machine regulation
Councilmember Curtis Jones introduced a bill in January that would prohibit skill machines in city stores and gas stations because of public safety. City Council unanimously approved legislation in March.
The games are technically legal machines that are allowed to operate within the state. The Commonwealth Court ruled them as such last December. However, Barley didn’t agree with the method in which City Council went about banning machines, saying:
“We tried to work with the city council to end illegal games that are a nuisance to Philadelphia. Instead, members took a broad brush and banned legal games as well. This was a slap to small businesses with legal games that follow the law.
“They also say they feel safer with skill games and having players in their establishment, especially late at night when staff is slim, to ward off crime.”
While this is certainly a win for small business in Philadelphia, POM has other goals on its mind. Barley continued with what he wants to see moving forward:
“Pace-O-Matic wants to see the state legislature pass a skill game regulation and taxation bill that will create guardrails and allow struggling small businesses in Philadelphia and elsewhere to succeed.
“There is support from members of the General Assembly, including Philadelphia lawmakers and Gov. Josh Shapiro, to pass the legislation. The measure also would create $250 million in state taxes in the first year.”
Bensalem skill games ban now on hold
Bensalem had passed an ordinance in October that would ban business owners from operating skill game machines within the township. However, Bensalem township confirmed with PlayPennsylvania that the ordinance is on hold.
Bensalem unanimously voted to ban the machines because of public safety concerns, too. However, PA skill operators and business owners spoke out against the ordinance during a township meeting last month.
For now, Bensalem business owners are able to offer skill machines in their establishments. The township told PlayPennsylvania it is waiting to see how the Commonwealth Court’s decision effects its ordinance.
The Pennsylvania Supreme Court is slated to rule on the legality of skill games. This latest ruling in the Commonwealth Court in Philadelphia, which had trickle down effect in Bensalem, is a win for business owners and POM. Barley went on to say:
“We are confident that we also will win the state Supreme Court challenge when it is heard, ending all unlawful skill game bans in the state, including the recently passed ban in Bensalem.”
There’s not timetable for the Supreme Court to hear the case. As of now, skill games are gaining momentum.
