In Virginia, Queen of Virginia, POM of Virginia and Miele Manufacturing—manufacturers of Queen of Virginia electronic gaming machines—recently filed suit against the Charlottesville Commonwealth’s Attorney Joe Platania, seeking an injunction allowing them to continue to operate the slot-like machines in Charlottesville. The plaintiffs argued their machines are legal games of skill, and that Platania’s decision affected their standing within the state and violated their constitutional rights. They also seek declaratory judgments that the machines do not constitute gambling and requested unspecified financial relief.
The complaint reads whether or not Platania “ultimately prosecutes any retailer with the Game is immaterial. The upshot of his decision is to deprive Plaintiffs of their liberty and property rights guaranteed within the United States and Virginia Constitutions by threatening any person that contracts with Plaintiffs with prosecution, thereby foreclosing the ability of Plaintiffs to transact the legal business of distributing skill machines in the City of Charlottesville, forcing Plaintiffs out of business and subjecting Plaintiffs’ — terminals containing the game — to unjust criminal seizure.”
On June 7, Platania declared that skill machines violated state gambling code and ordered them removed. Recently he informed dozens of Charlottesville businesses if they don’t remove the machines by August 5, they could be charged with a Class 1 misdemeanor and face a fine of up to $2,500 and 12 months in jail.
Queen of Virginia spokesman Joel Rubin said, “Our operators have removed machines from Charlottesville pending a decision. We are confident that Queen of Virginia skill amusement devices are legal games of predominant skill as they have been ruled in other states.” He noted the machines had generated more than $300,000 in tax revenue for the area prior to their removal.
In their complaint, the plaintiffs presented letters of review from two law firms which examined the games and software and issued opinions that the machines complied with Virginia’s gambling laws. The plaintiffs also presented a 2017 letter from the Virginia Department of Alcohol Beverage Control claiming the machines were not in violation.
Platania said the lawsuit will not affect Charlottesville’s enforcement of the state code. “The civil action filed against me does not alter my legal conclusion that the Queen of Virginia machines violate Virginia law. Notification and enforcement procedures will continue as planned,” he stated.
A hearing will be held in Charlottesville Circuit Court at a future date.
