Virginia Town Considers Skill-Game Ordinance

Virginia’s ban on unregulated “skill games” is the subject of a lawsuit from a state senator who supports the machines; the town of Marion (l.) seeks to act now to limit their numbers.

Virginia Town Considers Skill-Game Ordinance

Unregulated so-called “skill games” have been operational in Virginia for years. In 2020, state lawmakers acted to ban the unlicensed games, a judge’s injunction extending their operation until July 1, 2021. Supporters of the games shortly filed a lawsuit challenging the ban.

The plaintiffs’ attorney is state Senator Bill Stanley, who represents former NASCAR driver Hermie Sadler’s company, Sadler Brothers Oil—a big operator of the skill games. As that case approaches its first hearing, one Virginia town is opting to hedge its bets.

The town of Marion is considering an ordinance that would limit the numbers of such machines until state regulations are adopted.

As for the ban challenge, Marion Town Manager Bill Rush told the Smyth County News & Messenger that it’s likely the court will hold for the plaintiffs and allow the machines, which is why the town is pushing to enact limits now.

According to the news report, the proposed ordinance defines the skilled game machines as “any games or machines that are operationally capable of the patron receiving significant financial compensation, either in actual money or in tradeable credit, with or without a skill demonstration.”

Meanwhile, a new report recommends that all gaming in Virginia, including skill games if approved, should remain under the regulatory oversight of the Virginia Lottery.

A report from nonpartisan policy analysts in the state’s Joint Legislative Audit and Review Commission concluded that splitting regulatory duties among multiple agencies creates gaps in oversight and enforcement.

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