Pennsylvania court will decide whether skill game terminals are gambling machines

HARRISBURG, PA. (AP)-Pennsylvania's highest court will decide whether the cash-paying electronic game terminals that have become commonplace in convenience stores, bars, and elsewhere are unlicensed gambling machines and, as a result, must be shut down.

- Mark Scolforo and Marc Levy

The state Supreme Court said this week that it will consider an appeal by the attorney general's office of a lower-court decision that found that what are often called skill games are based on a player's ability and not solely on chance, like slot machines and other traditional gambling games.

For years, the state has maintained that the devices are unlicensed gambling machines that are operating illegally and subject to seizure by police. Machine makers, distributors, and retailers contend they are legal if unregulated, games that are not subject to state gambling control laws.

The high court's decision to take the case is a significant development that could set rules for years to come regarding how the machines are treated under the law, said Jeffrey Rosenthal, a Blank Rome lawyer representing Parx Casino in suburban Philadelphia.

Pennsylvania's courts and lawmakers have wrestled for years with the legality of the machines. Similar legal fights are playing out in Texas, Virginia, and Kentucky.