Skill games in Virginia were banned in July 2021 as casinos were legalized but a challenge to that ban was filed by former NASCAR driver and truck stop owner Hermie Sadler. As the suit was being considered a judge in Greensville County said the games could resume while the challenge was being heard. But last week the state Supreme Court said that the judge had “abused its discretion” in making that ruling.
Although at times it is difficult to determine where a particular activity falls on the speech/conduct continuum, no such difficulty is present when the activity being regulated is gambling,” said the order from Justices Teresa M. Chafin, Stephen R. McCullough and Wesley G. Russell Jr. “We long have viewed gambling as conduct that may be heavily regulated and even banned by the Commonwealth as an exercise of its police powers.”
Skill games in Virginia are not regulated by any entity, and had been growing at an exponential rate prior to the ban.
Sadler told 8NewsABC that he was “disappointed.”
“What’s not being talked about is how today’s order impacts the rights of small businesses in Virginia. It’s the main reason I filed the lawsuit. It’s tough.”
Sadler contends that the ban attacks the free-market system and encourages government overreach.
Sadler’s attorney, state Senator Bill Stanley said the ruling didn’t make sense because it was made by a minority of members of the court.
“This vacating of the temporary injunction that has been in place for nearly two years is unfortunate,” said Stanley, “and we believe not correct, so we are disappointed by today’s ruling by only three of the seven justices of the Supreme Court.”
The state’s top legal officer was apparently celebrating the ruling.
“We are very pleased with the Supreme Court’s decision upholding the constitutionality of the skill games law,” Victoria LaCivita, a spokeswoman for Virginia Attorney General Jason Miyares, said in a statement. “The Commonwealth of Virginia has regulated gambling for centuries, and the skill games law is an ordinary exercise of the General Assembly’s authority to protect the public from dangerous gambling devices. The law is now in effect, and Commonwealth’s Attorneys are free to enforce it.”
