Altered 'Skill Game' Deemed Lawful by Virginia Judge
Getting Away with Skill-Based Gambling: QVS2 and the Virginia Loophole
In a surprising turn of events, a Virginia judge has ruled that a fresh iteration of POM's Queen of Virginia skill-based game, named Queen of Virginia Skill 2 (QVS2), steers clear of the language in Virginia's law banning skill devices. This ruling comes courtesy of a crucial change in the game's operation. Unlike its predecessors, QVS2 doesn't accept coins, tickets, or tokens. Instead, it requires players to pay cash directly to the machine operator to start playing.
These machines share identical features with games previously prohibited by the state. Once a player depletes their cash, they can make another deposit. If they emerge victorious, they receive their earnings in cold, hard cash from the operator.
The misdemeanor charge against a convenience store owner operating such banned skill games was duly dismissed by Hanover County District Court Judge Hugh McConnell. His reasoning? The state's law banning these games defines them as devices that require players to insert a coin, ticket, or token to initiate play. Since QVS2 doesn't demand these elements, it escapes the law's grasp.
A Temporary Reprieve, Then a legal U-turn
A 2020 Virginia law outlawed skill games, classifying them as illegal slot machines by the regulated casino industry and law-enforcement agencies. In a bid to assist small businesses navigating the Covid-19 crisis, Governor Glenn Youngkin postponed the law's implementation for a year.
A lawsuit, filed by small business owners arguing the ban was unconstitutional, was successful at first. However, the Virginia Supreme Court later overturned the lower-court ruling, making skill games illegal as of October 2023. In 2024, Youngkin vetoed legislation to legalize skill games after lawmakers rejected his request for stricter regulations.
The revised game surfaced last summer. Shortly afterward, Virginia's Attorney General Jason Miyares issued a memorandum to law enforcement agencies, deeming the new machines to be essentially the illegal games with an insignificant alteration to circumvent the state ban.
A Breach of Trust and Redrawing the Lines
Youngkin criticized POM for manipulating the law, stating that they were breaching a trust with the state. Instead, he contended, POM could have entered into good-faith negotiations regarding potential legalization of the games[1].
Meanwhile, McConnell's ruling elucidated two factors: first, that the games do not fall under the state's narrow definition of illicit gambling devices, and second, that the existing law is overly vague, rendering it challenging for business owners to discern which games are legal and which are not[2][3].
State Senator Bill Stanley, a staunch supporter of legalizing these machines, praised the decision in a statement to the Daily Progress. "In a triumph of justice for the little guy, government overreach and the blatant effort of the casino interests to exclude small businesses from the gaming industry have been resisted today," Stanley said[2].
[1] - https://www.bdtonline.com/news/local/a-loop-hole-trial-begins-in-hanover-county-over-skill-games/article_380e7f82-f86d-58c7-9263-8d085fe82ec7.html[2] - https://www.washingtonpost.com/video/politics/virginia-skill-games-rise-back-to-prominence-despite-legislation/2022/10/03/d93610dd-51e2-4a13-a798-642b335e638c_video.html[3] - https://www.cnn.com/2023/01/17/us/virginia-skills-games-judge-ruling/index.html
- The revised Queen of Virginia Skill 2 (QVS2) game, which was recently deemed legal by a Virginia judge, is a financial venture that does not accept coins, tickets, or tokens for play, differing from its predecessors.
- In light of the legal loophole, Attorney General Jason Miyares issued a memorandum, asserting that the new QVS2 machines are essentially the illegal games with a minor alteration intended to evade the state ban on skill games.
- State Senator Bill Stanley supported the decision, stating that the ruling represents a victory for small businesses, resisting government overreach and the casino interests' attempts to exclude them from the gaming industry.
