Virginia judge rules altered ‘skill game’ legal
A Virginia judge ruled Wednesday that a new version of POM’s “Queen of Virginia” skill-based game does not fall under the language of the state’s law banning skill devices. This is because of a simple alteration to the game’s mechanics. The new version of Queen of Virginia, dubbed Queen of Virginia Skill 2 (QVS2), does not accept coins or tickets. Rather, it requires the patron to pay cash to the operator of the machine to have it “unlocked” for play.
The machines are otherwise identical to the games previously banned by the state. Once the buy-in amount is lost, the player can make another deposit. If the player has won, he can collect the winnings in cash from the operator.
Hanover County District Court Judge Hugh McConnell dismissed a misdemeanor charge against a convenience store owner for operating banned skill games, because the state law banning the games defines them as devices requiring players “to insert a coin, ticket or token” to activate play.
McConnell ruled that since the new QVS2 game doesn’t require players to insert a coin, ticket or token, the game was not subject to the state’s ban.
Ban lifted, then restored
A 2020 Virginia law banned skill games, which are considered illegal slot machines by the regulated casino industry and law-enforcement agencies. Governor Glenn Youngkin agreed to delay enforcement of the ban for one year to aid small businesses that were relying on them to get through the Covid-19 crisis.
A lawsuit filed by small business owners to claim the ban unconstitutional was upheld, but the Virginia Supreme Court overturned the lower-court ruling, making skill games illegal as of October 2023. In 2024, Youngkin vetoed legislation to legalise skill games after lawmakers rejected his bid for stronger regulations.
The modified game was introduced last summer. Shortly after it was introduced, state attorney general Jason Miyares issued a memorandum to prosecutors and law enforcement agencies, saying the new machines are basically the illegal games with an unimportant tweak to get around the state ban.
A breach of trust
Youngkin said POM’s exploitation of a loophole in the law amounted to breaking trust with the state, per the Charlotte Daily Progress. POM instead, he argued, could have engaged in good-faith negotiations on possible legalisation of the games.
In his ruling, McConnell, in addition to holding the games didn’t fall under the state’s narrow definition, also found that the law on skill games was too ambiguous to give business owners an understanding of which games are legal or not.
State Senator Bill Stanley, who has supported legalisation of the machines, lauded the decision in a statement to the Daily Progress. “Today, justice for the little guy won over government overreach, and the blatant attempt of the casino interests to exclude small businesses from participating in the gaming industry,” Stanley said.