Kansas Supreme Court throws out POM’s lawsuit over game

Pace O Matic didn’t get the day in court it hoped for after its lawsuit was thrown out by the Kansas Supreme Court.
The renowned software company is a big player in the “skill games” world, but according to the Court, it had failed to show “how a lack of declaratory judgment it sought would harm its business.”

POM had argued that a letter written by the Kansas Racing and Commission (KRGC) Director Don Brownlee to law enforcement agents in the state posed a threat to the offering of POM’s game Dragon’s Ascent. However, it transpired that POM had no legal standing to bring forward the lawsuit and it was subsequently dismissed.

• The letter suggested that KRGC agents played the game and did not think the skill level was sufficient to eliminate the impact chance had on the game.

• As KRGC had not taken formal legal action until this point, POM’s argument collapsed.

• As a result, such electronic games remain a gray area for the courts.

But Kansas doesn’t find itself alone. Other states have been embroiled in ongoing battles over skill games:

• North Carolina upheld a decision to ban skill games over casino cannibalization fears.

• Kentucky also upheld a statewide ban last summer to discard such machines.

• Virginia is still seeking clarification on the matter.

Currently, Kansas is home to four commercial casinos, which are all owned by the Kansas Lottery but operated by partners such as Boyd Gaming and PENN Entertainment.

• If the legislature defines what constitutes gambling in a way that affects POM’s business in Kansas, this could give the company the standing the court said it previously lacked.

• For now, the future of skill games remains nebulous.

• Still, the conversation around them is unlikely to die down.

In summary, the dismissal highlights how unclear definitions of “skill” versus “chance” continue to fuel legal disputes, leaving POM and similar operators in limbo until lawmakers take definitive action.