Paid for by Virginians Against Neighborhood Slot Machines
Dear Marion Town Council: Virginia’s Law Is Clear.
This week, the Marion Town Council voted against the clear intent of Virginia’s ban on illegal so-called skill games to approve a permit that allows a local business to install two neighborhood slot machines.
Here’s what the Commonwealth’s Attorney, Phillip Blevins, got right:
“These machines function as modern one-armed bandits – stealing money from citizens in an already economically strained region…They have real consequences for families, vulnerable individuals, and communities…On more than one occasion during restroom stops, I have explained to my 6- and 4-year-old sons that those are ‘adult video games’ and we cannot play them. That reality alone should give pause to anyone who questions their impact.” – Phillip Blevins
Yet, despite the harms and the known predatory nature of these devices, Marion has fallen for the trickery of this industry that wants you to believe that remote activation by a store clerk, instead of inserting coins or currency into the actual machine, subverts Virginia’s explicit ban on “skill” gaming machines. Virginia’s lawmakers have already spoken to this supposed ‘workaround’, calling it “illegal and shameless”.
“[The “skill” game industry] think[s] they found a loophole based on the definition of “insert”. But this argument fails to consider that the [General Assembly] did not intend for such technical workarounds to be used to circumvent the ban on these machines…The legislature was fully aware of the evolving technology used by gaming companies, such as remote activation systems. The decision to retain the language requiring “insertion” was not an oversight but rather a deliberate choice to limit evasive practices.” – Del. Paul Krizek
Marion’s decision…not to mention the fact that the town still retains a zoning district that allows the machines…is in direct contrast with the clear code of Virginia.
For the sake of the Marion community and the residents who spoke in opposition to the machines at Monday’s hearing, we look to the General Assembly to uphold and strengthen the ban on these dangerous devices this legislative session.
Virginians deserve better than to be strong-armed by the deceptive tactics of an industry whose agenda is bankrolled by dollars stolen from working-class Virginians.
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Marion Council Oks Permit For 2 Skill Game Machines At Business
January 13, 2025
Despite opposition and questions, Marion’s town council didn’t see how they could deny a local business’ application to feature two skill game machines on its premises.
Monday, the council held a public hearing on a special use request for two Queen of Virginia 2 game machines at the Sunoco service station at 300 North Main Street.
Under state law, most skill games are still illegal in Virginia.
As defined by the Code of Virginia, “Skill game machines are those that deliver something of value on a basis other than chance. They require the insertion of a coin, currency, ticket, token, or similar object to operate, where the outcome of the game is determined by an element of skill of the player,” explained Smyth County Commonwealth’s Attorney Phillip “Bucky” Blevins.
However, the manufacturer, Pace-o-Matic, of Queen of Virginia 2 took a different approach.
“These machines do not require the insertion of a coin, currency, ticket, token, or similar object to operate,” explained Blevins. Rather, the customer pays a store clerk, who remotely activates the machine — thereby skating around the prohibition imposed in the statute. In Virginia v. Bogese, a Hanover County General District Court held that Queen of Virginia 2 machines lack the mechanism required by statute to make them illegal — dismissing the case.”
Skill games have been a subject of controversy since 2020 when the state legislature banned the devices, responding to fears that the games might hamper newly approved casino revenue. However, during the COVID-19 pandemic, the state allowed skill games to operate for a year to help small businesses cope with economic losses.
When the year ended, skill games weren’t covered by clear regulations and continued to operate. Then, in 2023, the Supreme Court of Virginia reinstated the ban.
Last year’s General Assembly session considered a variety of regulation and tax proposals about skill games but took no action.
The subject is expected to come up in the legislative session that begins this month.
During Monday evening’s hearing, Marion resident Charles Wassum spoke against the permit, saying that such devices detract from the character of the downtown. If two are allowed here, then two more will be put into another business and so on until they’re all over, he said.
“I against them in Marion,” Wassum said.
Blevins understands Wassum’s position.
“From a public safety perspective, and from the personal perspective of a dad to three young boys, I am strongly opposed to illegal gambling and so-called skill game machines. These machines function as modern one-armed bandits – stealing money from citizens in an already economically strained region. They represent more than entertainment… they operate in gray areas of regulation, are highly addictive, and blur lines between skill and chance. They have real consequences for families, vulnerable individuals, and communities,” said Blevins, Smyth’s top prosecutor.
He continued, “Convenience stations up and down I-81 have lined their walls with skill game machines that lure people in with flashing lights and inviting music. On more than one occasion during restroom stops I have explained to my 6- and 4-year-old sons that those are ‘adult video games’ and we cannot play them. That reality alone should give pause to anyone who questions their impact.”
“While I am personally and morally opposed to these one-armed bandits in our convenience stations – I am sworn and duty bound to enforce the law as its written…. At present, the Queen of Virginia 2 has outpaced the statute and under existing law and case precedent, is deemed legal.”
Todd Long, Marion’s zoning administrator, noted a key point of town law. Businesses that hold a town business license, are in a zoning district that allows skills games, and possess a Special Use Permit may operate two legal skill game machines.
He told the council he didn’t believe the permit could be denied.
The council voted unanimously to approve it.