Published on: January 6, 2025, 06:12h.
Last updated on: January 6, 2025, 06:12h.
Gaming machine maker, Pace-O-Matic, faced a setback in its bid to have its game “Dragon’s Ascent” recognized as a game of skill by the Kansas Supreme Court.
“Dragon’s Ascent,” available in various Kansas locations, features a game style similar to fish-shooting games from Asia, but with dragons instead of fish. Each shot costs a credit, and defeating a dragon results in a prize.
Kansas law defines gambling as a contest “dependent on chance,” with exemptions for challenges involving skill. Pace-O-Matic has emphasized the skill aspect of “Dragon’s Ascent” to comply with state regulations.
The company asserts on its website that “Dragon’s Ascent” is based on “100% skill and strategy,” positioning it outside the realm of illegal gambling devices.
However, Pace-O-Matic has faced difficulties in obtaining a definitive response from state authorities on the matter.
No Clear Resolution
Pace-O-Matic initially approached the Kansas Racing and Gaming Commission in 2019, but the commission’s assessment highlighted both skill and non-skill components in the game.
Subsequently, when seeking input from the Attorney General’s Office, Pace-O-Matic met a similar roadblock.
As a result, Pace-O-Matic pursued legal action, seeking a verdict that would uphold the legality of the machines. The lawsuit also called into question the vagueness of Kansas laws regarding illegal gambling devices.
Despite these efforts, the lower court dismissed the case, citing a lack of tangible harm experienced by Pace-O-Matic due to the game’s unimpeded operation.
Meanwhile, local casino operators in Kansas lodged a lawsuit against Pace-O-Matic, alleging financial losses due to the illegal nature of “Dragon’s Ascent.” This legal dispute remains pending.
Lack of Legal Standing
In a recent ruling, the Supreme Court upheld the lower court’s decision on the matter, indicating insufficient grounds for legal action.
“Dragon’s Ascent has been in operation in Kansas for an extended period without any legal issues. No seizures, prosecutions, or cease-and-desist orders have transpired. Neither the Racing and Gaming Commission nor the Attorney General has officially declared the game as illegal,” stated Justice Keynen Wall.
Pace-O-Matic welcomed this ruling as a validation of its operations in Kansas.
“Based on this outcome, we will continue our lawful activities in Kansas,” said Michael Barley, chief public affairs officer at Pace-O-Matic, to The Topeka Capital-Journal.