Andrew H Dowling
Judge Rules that Pennsylvania Skill Games are ‘Devices of Skill’
A Monroe County judge has ruled that Pennsylvania Skill games are legal. Click here to read the order from Monroe County Court of Common Pleas Judge Jonathan Mark.
Games were seized in 2022 from a small business during a seizure carried out by the Monroe County District Attorney’s office in coordination with the Pennsylvania Bureau of Liquor Control and Enforcement (BLCE) even though skill games have been deemed legal by courts of law.
In his ruling, Judge Mark said Pennsylvania Skill ‘devices are games of skill and not games of chance’.
In a Monroe County ruling earlier this year on the seized skill games, a judge reprimanded county prosecutors alleging misconduct in the investigation and their prosecution of legal skill games. Click here to read the Monroe County order.
“The court finds that the Commonwealth improperly withheld and misrepresented material evidence relative to the issuance of the search warrant in this matter and that such conduct warrants the suppression of the seized property,” Monroe County Common Pleas Judge Jennifer Harlacher Sibum wrote.
Pennsylvania Skill games also have been deemed legal skill games by other courts this year. Pace-O-Matic won a return of property motion in York County. This property – gaming machines, related equipment and cash – was wrongfully seized by BLCE. Click here to read the York County order.
In addition, a Dauphin County judge ruled in favor of the games and against county prosecutors this year. Click here to read the Dauphin County ruling.
“Initially, it is this Court’s belief that the Commonwealth’s investigation shows case bias,” Dauphin County Common Pleas Judge Andrew H Dowling wrote. “The Commonwealth is seeking to make all machines like the POM Machines into illegal gambling devices and their whole approach and intent is to shut down games regardless of the actual gameplay. Thus, the Commonwealth as a whole is biased against the games and their approach lacks case credibility.”
“Pace-O-Matic’s Pennsylvania Skill games are legal,” the counsel for Pace-O-Matic, Matthew Haverstick of Kleinbard LLC, said. “The Commonwealth has wrongfully seized its equipment for years with no credible evidence that the games are illegal. Judges are now carefully looking at the evidence and ruling in our favor.”
“Again, another Pennsylvania court has found that Pennsylvania Skill games, powered by Pace-O-Matic, are legal games of predominant skill,” the Chief Public Affairs Officer for Pace-O-Matic, Mike Barley, said. “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. In fact, Pace-O-Matic stands out among our competitors as the active driving force seeking additional regulation and taxation.”
Legislation introduced by Pennsylvania Senator Gene Yaw will regulate skill games and tax them at a rate that would generate $300 million a year for the Commonwealth.
Pennsylvania Skill games have been ruled games of predominant skill by courts in Beaver, Dauphin, Monroe and York counties. Additionally, after a review of the law and court decisions, skill games also have been returned in both Clearfield and Delaware counties.
Pennsylvania Skill has pumped new life into the Commonwealth’s small businesses, fraternal and social clubs, volunteer fire companies and veterans’ organizations by providing an entertainment product that the public enjoys. Meanwhile, research data proves skill games do not impact the revenue of casinos and the lottery, both achieving record profits yearly.
Pennsylvania Skill games are manufactured in the Commonwealth and over 90% of the profits stay inside the state. That is unheard of in gaming and many other industries. Pace-O-Matic is proud of its record and looks forward to continuing to benefit Pennsylvania businesses, clubs and taxpayers now and in the future.
As part of ongoing efforts to ensure compliance, Pace-O-Matic employs a team of former state police officers to enforce all terms of contracts and codes of conduct. These contracted terms limit the number of machines, where they are placed in a location and have protections in place to prevent anyone underage from playing the devices.
In 2014, the Beaver County Court of Common Pleas ruled that Pace-O-Matic’s Pennsylvania Skill games are legal as games of predominant skill. Click here to read that court decision.
In addition, last year, the Pennsylvania Office of the Attorney General and the Clearfield County District Attorney’s office negotiated a settlement to return wrongfully seized Pennsylvania Skill games, related equipment and cash. Click here to read that order.
Andrew H Dowling
After Unanimous Commonwealth Court Victory, POM of PA Amends Second Commonwealth Court Complaint Aimed at Corruption by State and Local Government Agencies and “Team Casino”
On the 4th of December, Pace-O-Matic (POM) of Pennsylvania filed an amended complaint in the Commonwealth Court of Pennsylvania outlining the coordinated corruption between state and local government agencies on behalf of actors in the private casino industry, who identified themselves as “Team Casino.”
POM of PA’s complaint asks the court to order the Bureau of Liquor Control & Enforcement (BLCE) and the Pennsylvania Gaming Control Board (PGCB) from targeting POM’s Pennsylvania Skill games by publicly and privately declaring them illegal.
“Over the course of nearly seven years, at the behest and with financial support provided by the private casino industry, the Pennsylvania Gaming Control Board (PGCB), the Bureau of Liquor Control Enforcement (BLCE), and the Monroe County District Attorney’s Office have engaged in a coordinated campaign to attack and undermine the standing of POM’s legal Pennsylvania Skill games,” said Chief Public Affairs Officer, Mike Barley. “With the urging and coaching of actors representing the private casino industry, the state government ignored and/or purposefully misrepresented the law, court decisions, and basic elements of how our skill games operate in a coordinated, yet desperate, attempt to reputationally harm POM’s ability to operate a legal product in Pennsylvania.
“While the PGCB was created to oversee the private casino industry, their actions show they are wholly owned subsidiary of the industry they are intended to oversee. The BLCE is meant to interpret the law as written and respect court opinions, yet time and time again they took their orders from the private casino industry and ran a targeted campaign to harm the Pennsylvania small businesses and fraternal clubs who operate our skill games and rely on the supplemental revenue these games generate, as well as intimidate players from using our legal products. These actors were part of a national effort, led by the private casino industry in Pennsylvania and across the nation, to attack the legal skill game industry. Their behavior was appalling and does deep reputational damage as well as harms public confidence in the process.”
Yesterday, in another matter related to the legality of POM’s Pennsylvania Skill games, the Commonwealth Court unanimously ruled that POM’s skill games are legal games of skill. In the case, originally brought forth in Dauphin County, the Commonwealth Court ruled that the POM game is a game of predominant skill, not a game of chance, and that the “POM machines are not slot machines [and] the POM machines are not illegal” as noted in the ruling.
The newly amended complaint names the Bureau of Liquor Control & Enforcement (BLCE), Scott Miller, James Jones, Scott Berdine, the Pennsylvania Gaming Control Board (PGCB), the Monroe County District Attorney’s Office, Monroe County District Attorney E. David Christine, Monroe County Assistant District Attorney Andrew Throckmorton, Monroe County Assistant District Attorney Michael Mancuso, Thomas J. McMahon from the Criminal Investigations Division, Chief County Detective Eric Kerchner with the Monroe County District Attorney’s Office, PGCB Senior Counsel Denise Miller-Tshudy, Deputy Chief Counsel Christopher Herrington with the Pennsylvania State Police, and former BLCE Supervisor Todd Merlina.
There is a long history of corruption by these actors that the courts have noted in their opinions over the past year.
In yesterday’s unanimous Commonwealth Court opinion, the court notes “the Commonwealth was aware of adverse legal authority [referring to the Pinnacle case in which the POM game was determined a game of skill], it was required to cite and distinguish it.” Yet the Commonwealth omitted it. The court goes on to state that they “caution the Commonwealth that the Pennsylvania Rules of Professional Conduct require candor toward the tribunal and, specifically, the disclosure of directly adverse authority.”
In March, Dauphin County Court of Common Pleas Judge, Andrew H. Dowling, castigated the Commonwealth and the BLCE for their biased conduct, writing, “All three of the Commonwealth witnesses opined that the games were predominantly games of chance. However, we do not find these opinions to be persuasive for a number of reasons. Initially, it is this Court’s belief that the Commonwealth’s investigation shows case bias. The Commonwealth is seeking to make all machines like the POM machines into illegal gambling devices, and their whole approach and intent is to shut down games regardless of the actual gameplay. The fact that Officer Wentsler never played the Follow Me feature while undercover is indicative of this. Thus, the Commonwealth as a whole is biased against the games, and their approach lacks case credibility.”
This is the second court in as many months to rule the games were legal games of skill and allege misconduct in the investigation and prosecution of legal skill games.
In February, Monroe County Common Pleas Judge Jennifer Harlacher Sibum wrote, “The court finds that the Commonwealth improperly withheld and misrepresented material evidence relative to the issuance of the search warrant in this matter, and that such conduct warrants the suppression of the seized property.”
Andrew H Dowling
Pennsylvania Skill, Powered by Pace-O-Matic, Ruled a Legal Game of Skill by Another Pennsylvania Court
Today, Pace-O-Matic announced the company won a return of property motion in York County, Pennsylvania. This property encompassing gaming machines, related equipment and cash, was wrongfully seized during raids conducted by the Pennsylvania Bureau of Liquor Control and Enforcement (BLCE).
“Pace-O-Matic’s Pennsylvania skill games are legal,” said the counsel for Pace-O-Matic, Matthew Haverstick of Kleinbard LLC. “The Commonwealth has wrongfully seized this equipment for years with no credible evidence that they are illegal. Today, the Commonwealth refused to present witnesses or make a case that the games are illegal. This issue as a matter of law is decided and the courts have ruled appropriately and consistently so.”
“Again, another Pennsylvania court has found that Pennsylvania skill games, powered by Pace-O-Matic, are legal games of predominant skill,” the Chief Public Affairs Officer for Pace-O-Matic, Mike Barley, said. “Our Pennsylvania skill game has been ruled a game of predominant skill by multiple courts across the Commonwealth. 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. Pace-O-Matic stands out among our competitors as the active driving force seeking additional regulation and taxation.”
Pennsylvania skill games, powered by Pace-O-Matic, have been ruled games of predominant skill by courts in Beaver, Dauphin, Monroe and York Counties. Additionally, after a review of the law and court decisions, our games have been returned to us in both Clearfield and Delaware Counties. Just last month, we received a favorable ruling in Dauphin County declaring Pennsylvania skill games legal. The Dauphin County Court ruling also castigates the Commonwealth and BLCE for their biased conduct.
“All three of the Commonwealth witnesses opined that the games were predominantly games of chance,” wrote Dauphin County Common Pleas Judge Andrew H Dowling. “However, we do not find these opinions to be persuasive for a number of reasons. Initially, it is this court’s belief that the Commonwealth’s investigation shows case bias. The Commonwealth is seeking to make all machines like the Pace-O-Matic machines into illegal gambling devices and their whole approach and intent is to shut down games regardless of the actual gameplay. The fact that Officer Wentsler never played the Follow Me feature while undercover is indicative of this. Thus, the Commonwealth as a whole is biased against the games and their approach lacks case credibility.”
Earlier this year, the Monroe County Court of Common Pleas ruled that our games are legal games of skill and alleged misconduct in the investigation and prosecution of legal skill games.
Last month, Monroe County Common Pleas Judge Jennifer Harlacher Sibum wrote: “The court finds that the Commonwealth improperly withheld and misrepresented material evidence relative to the issuance of the search warrant in this matter and that such conduct warrants the suppression of the seized property.”
Pennsylvania Skill has pumped new life into the Commonwealth’s small businesses, fraternal and social clubs and veterans’ organizations by providing them with an entertainment product that the public enjoys. Meanwhile, research data proves skill games do not impact the revenue of casinos and the lottery, achieving record profits yearly. Pennsylvania skill games are manufactured in the Commonwealth, and over 90% of the profits stay inside the state. That is unheard of in gaming and many other industries. Pace-O-Matic is proud of its record and looks forward to continuing to benefit Pennsylvania businesses, clubs, and taxpayers now and in the future.
Pace-O-Matic’s Pennsylvania skill products are manufactured by Miele Manufacturing in Williamsport, which has created nearly 200 direct jobs. Many of the materials used to make up the gaming machines come from companies in the Commonwealth. Additionally, Pennsylvania skill game revenue has become a lifeline to fraternal clubs and organizations across the Commonwealth including American Legions, VFWs and local fire companies.
As part of ongoing efforts to ensure compliance, Pace-O-Matic employs a team of former state police officers to enforce all terms of contracts and codes of conduct. These contracted terms limit the number of machines, where they are placed in a location and have protections in place to prevent anyone underage from playing the devices.
In 2014, the Beaver County Court of Common Pleas ruled that Pace-O-Matic’s Pennsylvania skill games are legal as games of predominant skill. In addition, last year, the Pennsylvania Office of the Attorney General and the Clearfield County District Attorney’s office negotiated a settlement to return wrongfully seized Pennsylvania Skill games, related equipment and cash.
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