Pace-O-Matic has long argued its games differ from traditional slots. The inaction has allowed skill games to operate in a regulatory no man’s land: They are not specifically authorized in the state’s gambling law, which means they’ve been able to avoid the hefty taxes paid by casino slots on revenues - and make more money off their machines. State lawmakers could resolve the matter through legislation but have been unable to agree on a plan to deal with the dispute, in part because of the powerful competing interests that operate in Pennsylvania’s gambling landscape - many with deep pockets. State police officials now estimate there are more than 50,000 machines in gas stations, convenience stores, bars, social clubs and other establishments across Pennsylvania - and that is a conservative estimate. But it intensified in the past few years as the games proliferated across the state.

The fight over how or even whether to legalize skill games has been playing out for nearly a decade. Said spokesperson Mike Barley: “The casinos are controlling the Gaming Control Board.” The company is embroiled in multiple legal fights with the state and others over its ability to continue operating its games in Pennsylvania.

Pace-O-Matic, the company that makes the software for the majority of skill games in Pennsylvania, alleges the board allowed itself to fall prey to outside pressure from casino lobbyists, and has sued the agency and others for targeting its industry. “This should not be surprising, nor is it impermissible in any way,” Shelly said. Parx Casino spokesperson Pete Shelly acknowledged the casino’s lobbyists sought a meeting with the board to discuss the ongoing court case, because “this is what advocates do.” And that pertains to the matter of unregulated skill games.” “From our standpoint, we always look at ways to protect the public in all things gaming. “There is nothing wrong with the having discussions or taking some action with the industry when the matter is in both of our best interest,” he said. He also said the meeting with Parx’s lobbyists did not influence the board’s stance on skill games, and that it was instead fueled by a number of factors, including a judge’s remarks in the fall of 2019 in one of the myriad court rulings involving skill games. In an interview, gaming board spokesperson Doug Harbach said the board’s position is that the meeting with Parx’s lobbyists didn’t qualify as a discussion that had to be disclosed under the agency’s ethics code. In fact, the logs haven’t been updated in years. 17, 2020, meeting was not included in those logs. It also requires disclosure on public logs when top members of the agency have contact with those outsiders.

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