Law enforcement leaders ponder fate of skill games

State police will be ‘prepared to act’ even as lawmakers have yet to address issue

With a mid-October time frame in mind, law enforcement leaders in Pennsylvania are pondering the fate of an estimated 70,000 so-called "skill games" that the state's highest court has found to be illegal gambling machines.

Pennsylvania State Police said in a statement issued Wednesday they will be "prepared to act" when the Oct. 13 effective date of the Supreme Court decision arrives, and the agency is still developing its enforcement plans in conjunction with local law enforcement. Meanwhile, Berks County District Attorney John Adams -- who last month said he could either "rent some tractor-trailers and execute some search warrants" or take a "more measured approach" -- on Wednesday said he hoped to be spared such a decision by action from state lawmakers.

"We are hoping the Legislature reaches a decision," Adams said. "The Legislature has not acted on this problem for years, and they are throwing away money."

He referred to seemingly endless talk over a period of years involving Republicans who control the Senate, Democrats who control the House, and the administration of Gov. Josh Shapiro, concerning the games that have proliferated in private clubs, bars, convenience stores, and other venues around the state. They are unregulated and untaxed and produce a lot of revenue.

The mid-June issuance by the Supreme Court of a ruling and opinion in two separate appeals cases put the heat on lawmakers. While it essentially found the devices to be illegal slot machines, the court put a stay of 120 days on its decision to give lawmakers and Shapiro time to figure out a solution.

So far, there is no public indication that is going to happen.

Lawmakers are not scheduled to return to Harrisburg until late September.

State police said they would act if the Legislature does not. The statement said the agency "will strongly encourage voluntary compliance with the court decision and offer a route for businesses and operators to voluntarily remove the machines."

Adams, who also is a spokesman for the Pennsylvania District Attorneys Association, said there is no statewide plan among district attorneys in place for mid-October. In his own county, he said, he has already spoken to police chiefs.

"District attorneys may have to approach this on a county-by-county basis as to how they are going to enforce the law," he said.

A spokesman for Attorney General Dave Sunday said the office would "follow the law" when it comes to taking action on the machines.

State police, he said, would "obviously be a leading partner through their Liquor Control Enforcement Bureau. Our office would also handle asset forfeiture proceedings for assets the PSP seized. Local agencies would also have a role in this effort."

Nonetheless, the spokesman for the attorney general said, the hope "is that most locations that currently House these illegal gaming devices would self-comply with the law."

State police leaders were not immediately available for comment.

Dauphin County District Attorney Fran Chardo said he thinks the machines are in 10,000 different venues.

On Wednesday -- about seven weeks into the 120-day grace period set up by the court -- Chardo said he thinks most places are "just continuing to make money" rather than having the machines removed. He said he believed lawmakers would eventually resolve the issue, but he had no idea when.

There is the possibility, Chardo said, that venue owners will just unplug machines. Should it come down to potential seizure, Chardo said, venues like American Legion or VFW posts that "support an important cause" will have that fact taken into consideration in his county.

In Allegheny County, First Assistant District Attorney Becky Spangler said that "until the Legislature has had an opportunity to respond, allowing either the existing law to stand or setting forth new legislation governing this matter, we cannot speculate about the impact." The county, she said, would "enforce as appropriate the final determination."