VIRGINIA BEACH, Va. — Starting November 15th, skill based game machines in Virginia are banned. That means possessing, operating, or playing the games is officially considered criminal activity.
The slot-like machines can be found across the Commonwealth in convenience stores, restaurants and bars.
In 2020, the Virginia General Assembly enacted laws that declared such games to be illegal gambling devices. A lawsuit was filed in Emporia Circuit Court challenging the skill games ban, however, and the court entered an injunction.
In October, the ban went back into effect after the state Supreme Court vacated the injunction. It argued that the machines deserve the same free speech protections as video games.
“Although at times it is difficult to determine where a particular activity falls on the speech/conduct continuum, no such difficulty is present when the activity being regulated is gambling... We long have viewed gambling as conduct that may be heavily regulated and even banned by the Commonwealth as an exercise of its police powers," the order from Justices Teresa M. Chafin, Stephen R. McCullough and Wesley G. Russell Jr. said.
With the ban in place, now there's a big question in place: how will local law enforcement follow through with the ban?
"This is going to be enforced differently by certain localities which is not to say that the goal is to have different enforcement," said Ed Booth, a legal analyst. "The enforcement is probably going to the discretion of that county or city to do that."
In Virginia Beach, skill game machines can be found up and down the Oceanfront. A spokesperson with the Virginia Beach Police Department said officers will offer a grace period for business owners to remove their devices by November 26th.
As for penalties, they can be steep.
People found operating a skill game device may be subject to a civil penalty of $25,000 per gambling device, seizure of the gambling devices, and costs associated with the investigation and lawsuit, including attorney fees.
Criminal charges for illegally possessing gambling devices could bring a class 1 misdemeanor punishment of up to a year in jail, a fine of up to $2,500, or both.
Criminal charges for illegally operating an illegal gambling operation could bring a class 6 felony punishment of up to five years in prison, a fine of up to $2,500, or both.
Playing the skills games could result in a class 3 misdemeanor criminal charge punishment of a fine up to $500.