Pennsylvania Skill Game D-Day Looms as Legislative Fix Fails

Today (Oct. 13) is the final day for Pennsylvania skill games, as the state Supreme Court’s ruling that the controversial devices are illegal slot machines takes effect. Beginning tomorrow (Oct. 14), businesses that continue to house skill games risk law enforcement action, including raids, seizures, and criminal prosecution.

Before the Pennsylvania Supreme Court ruled in June that skill games are slot machines under the Gaming Act, state officials estimated that there were more than 70,000 skill games operating across the commonwealth. Most commonly branded Pennsylvania Skill, the games allow players to slightly alter the machine’s payout rate through memory-based bonus round challenges.

The court ruled that the skill component did not exempt the machines, which are otherwise based on chance, from the state’s gambling law.

Legislative Deadline Passes

There are many members of the Pennsylvania General Assembly who want to keep skill games. Proponents say the slot machines have saved countless small businesses, providing additional revenue that helped offset inflation and stave off job cuts.

Though legislation has been considered in Harrisburg, the deadline has passed to keep skill games operating uninterrupted.

The Pennsylvania Constitution includes a three-day rule that requires every bill to be considered on three different days in each chamber before it can be passed to the governor. There is no emergency exception.

The only remaining hope is that the Pennsylvania Supreme Court approves an emergency stay, delaying the original 120-day stay to a future date. The court this week denied such a request from state lawmakers and a group of social clubs to extend the stay to February 10, 2027.

Law Enforcement Readies Skill Game Response

Pennsylvania’s top law enforcement officials have put skill game businesses and their service providers on high alert.

Pennsylvania Attorney General Dave Sunday said in a warning that law enforcement does not want to see searches and seizures at storefronts, restaurants, bars, and social clubs, but his “office will act in accordance with the law.” Section 5513 of the Crimes Code states that it’s a criminal offense to “maintain, possess, assemble, set up, make, sell, or lease slot machines” unless the business is licensed and authorized to do so by the Pennsylvania Gaming Control Board (PGCB).

Pennsylvania State Police (PSP) have also issued guidance.

“PSP and other law enforcement agencies may take enforcement actions against businesses that continue to possess, distribute, operate, and/or maintain skill game devices after the compliance deadline,” the notice said.