Lawmakers, don’t compromise on ‘skill games’

by Matthew Macken
Posted 10/15/26

Two weeks ago, the Local published an opinion piece by state Rep. Ed Neilson urging the adoption of his proposed bill to legalize the roughly 70,000 predatory “skill game” machines currently littering the commonwealth.

Neilson is not alone: There are currently a number of proposals in Harrisburg to address the Pennsylvania Supreme Court’s June decision finding that these devices are slot machines subject to the state’s laws regulating gambling. Naturally, the General Assembly already missed the court-imposed deadline to implement a legislative fix. But there is no need for …

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Lawmakers, don’t compromise on ‘skill games’

Posted

Two weeks ago, the Local published an opinion piece by state Rep. Ed Neilson urging the adoption of his proposed bill to legalize the roughly 70,000 predatory “skill game” machines currently littering the commonwealth.

Neilson is not alone: There are currently a number of proposals in Harrisburg to address the Pennsylvania Supreme Court’s June decision finding that these devices are slot machines subject to the state’s laws regulating gambling. Naturally, the General Assembly already missed the court-imposed deadline to implement a legislative fix. But there is no need for legislators to scramble to revive the unjustifiable loophole these devices inhabited for over a decade. Instead, Pennsylvanians would, for once, be best served by the legislature’s usual approach when faced with a looming public policy dilemma of their own creation: Do nothing.

First, it is important to understand exactly what a “skill game” is. As the Supreme Court explained, the devices offer a slot machine-style game where the goal is to line up three matching symbols across three spinning wheels. This is entirely up to chance. If the player loses, they are given the option — if they click a button flashed on the screen for mere seconds — of playing a 25-round Simon-style game to avoid the loss.

That is to say, the only thing distinguishing the device from a regular slot machine is a hidden, unexplained and tedious memory test that takes longer to play (12 minutes!) than the actual game. Unsurprisingly, nobody plays the Simon game.

The Supreme Court was asked to decide whether these machines were a “gambling device,” which would make their use by unlicensed operators illegal. Critically, the Supreme Court was not fooled by the pretend “skill” element of these machines. It found that they are subject to the state’s Gaming Act, and that operating one without a license is illegal. It set an Oct. 13 deadline to allow operators to stop breaking the law.

State lawmakers have attempted to reach a compromise to keep these machines in operation. They should not. These machines are no different than other devices that can only be provided by licensed operators. There is no justification for keeping these unregulated machines in bars and corner stores across Pennsylvania — outside of the public policy framework established for gaming in the state — when we know the harm they cause.

An assessment published by Penn State University makes clear that these unlicensed slot machines target problem gamblers. Compared even to other gamblers, skill game players gamble more often. They lose more money. They are much more likely to be classified as at-risk gamblers or problem gamblers.

Problem gambling is a public health crisis of growing proportions. According to The Lancet medical journal, in addition to financial strain and job loss, problem gambling is associated with increased psychological harms and even an increase in mortality. Problem gambling also has harmful impacts on those around the gambler. It is associated with intimate partner violence, and an estimated “37% of people experiencing a gambling problem have perpetrated physical intimate partner violence,” The Lancet notes. It also significantly impacts gamblers’ children, who exhibit higher levels of emotional distress, higher suicide risks, and higher chances of becoming problem gamblers themselves.

The General Assembly should congratulate itself on a job well done and call it a day. As the Supreme Court explained, the legislature already passed a law in 2017 defining gambling devices to include “skill games,” meaning they require a license to operate legally. With the deadline past, the Pennsylvania State Police remain prepared to seize these illegal machines to enforce the Supreme Court’s order. The only thing our legislators need to do is to stay out of the way.

Matthew Macken is a consumer protection attorney and Chestnut Hill resident.