Pennsylvania Skill wins return of property motion in York County

Pace-O-Matic announced the company won a return of property motion in York County. This property was wrongfully seized during raids conducted by the Pennsylvania Bureau of Liquor Control and Enforcement (BLCE).

Matthew Haverstick of Kleinbard LLC, counsel for Pace-O-Matic, said: “Pace-O-Matic’s Pennsylvania Skill games are legal. The Commonwealth has wrongfully seized this equipment for years with no credible evidence that they are illegal.”

“Today, the Commonwealth refused to present witnesses or make a case that the games are illegal. This issue as a matter of law is decided, and the courts have ruled appropriately and consistently so,” he added.

Pace-O-Matic’s Chief Public Affairs Officer Mike Barley also commented: “Again, another Pennsylvania Court has found that Pennsylvania Skill games, powered by Pace-O-Matic, are legal games of predominant skill.”

“Our Pennsylvania Skill game has been ruled a game of predominant skill by multiple courts across the Commonwealth. With the legality of our games upheld repeatedly, we are eager to work with the legislature to pass legislation that will fairly regulate and tax the skill game industry,” Barley noted.

Pennsylvania Skill games, powered by Pace-O-Matic, have been ruled games of predominant skill by courts in Beaver, Dauphin, Monroe, and York Counties. Additionally, after a review of the law and court decisions, the games have been returned to the company in both Clearfield and Delaware Counties.

Just last month, the enterprise received a favorable ruling in Dauphin County declaring Pennsylvania Skll games legal. The Dauphin County Court ruling also castigates the Commonwealth and BLCE for their biased conduct. 

Dauphin County Common Pleas Judge Andrew H. Dowling wrote: “All three of the Commonwealth witnesses opined that the games were predominantly games of chance. However, we do not find these opinions to be persuasive for a number of reasons.”

“Initially, it is this Court’s belief that the Commonwealth’s investigation shows case bias. The Commonwealth is seeking to make all machines like the POM Machines into illegal gambling devices, and their whole approach and intent is to shut down games regardless of the actual gameplay,” the statement read.

“The fact that Officer Wentsler never played the Follow Me feature while undercover is indicative of this. Thus, the Commonwealth as a whole is biased against the games, and their approach lacks case credibility,” he concluded. 

Earlier this year, the Monroe County Court of Common Pleas ruled that the company’s games are legal games of skill and alleged misconduct in the investigation and prosecution of legal skill games.

Last month, Monroe County Common Pleas Judge Jennifer Harlacher Sibum wrote: “The court finds that the Commonwealth improperly withheld and misrepresented material evidence relative to the issuance of the search warrant in this matter, and that such conduct warrants the suppression of the seized property.”

“Pennsylvania Skill has pumped new life into the Commonwealth’s small businesses, fraternal and social clubs and veterans’ organizations by providing them with an entertainment product that the public enjoys,” the company stated. Meanwhile, research data proves skill games do not impact the revenue of casinos and the lottery, achieving record profits yearly. 

Pennsylvania Skill games are manufactured in the Commonwealth, and over 90% of the profits stay inside the state. That is unheard of in gaming and many other industries. Pace-O-Matic is proud of its record and looks forward to continuing to benefit Pennsylvania businesses, clubs, and taxpayers now and in the future.