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Virginia Judges Decides That Modified ”Skill Game” Is Lawful

A judge holding a gavel in a court roomPace-O-Matic’s (POM), a skill games manufacturer from Georgia, found a legal loophole for its Queen of Virginia game. According to Virginia Judge Hugh McConnell’s ruling on April 23, it doesn’t fall under the forbidden skill devices category. Thanks to a simple modification, the Queen of Virginia Skill 2 (QVS2) is now allowed in the state.

Legal Loophole in Virginia’s Skill Game Ban

Except for the difference that they accept cash, POM’s QVS2 is identical to otherwise banned slot-like devices. Once the playing funds are lost, the player can make another deposit. If there’s a win, they can collect the reward in cash from the operator.

On April 23, Hanover County District Court Judge Hugh McConnell dropped a misdemeanor charge against a convenience store owner for running prohibited skill games. According to him, the state law bans games, which are defined as requiring players “to insert a coin, ticket, or token” to activate them. Since QVS2 doesn’t need coins, tickets, or tokens to launch, McConnel decided the game wasn’t subject to Virginia’s ban.

The Ongoing Battle Over Skill Games

In 2020, Virginia banned skill games, which the law defines as illegal slot machines. Thanks to Governor Glenn Youngkin, the enforcement of the ban was delayed for one year. The decision aimed to support small business owners relying on skill machines’ revenue during the COVID-19 pandemic.

Small business owners then united and filed a lawsuit to claim the ban unconstitutional. However, in October 2023, the Virginia Supreme Court overturned the ruling, making skill games illegal. The following year, Governor Youngkin vetoed the legalization of skill games.

POM launched Queen of Virginia Skill 2 in the summer of 2024. Soon after, Attorney General Jason Miyares alerted prosecutors and enforcement agencies that this version was no different from the rest of the illegal games. According to him, the minor tweak of introducing cash instead of tokens was just a way to get around the law.

Trust Is Broken in Virginia

Governor Youngkin commented that POM’s attempt to exploit a legal loophole broke the trust within the state. Besides, the game developer didn’t engage in negotiations on the possible legalization of the games. On the other hand, Judge McConnell found that the legal status of skill games was too ambiguous to give business owners a clear idea of what’s allowed and what is not.

State Senator Bill Stanley, a supporter of the legalization of skill game machines, praised the ruling. According to him, it represents a victory for small businesses against government overreach and casino interests trying to exclude them from the gaming industry.

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