Group pushes for skill games extension

Lawmakers want Supreme Court to give them more time to create legislation

A group of lawmakers are planning a last-minute play to extend the Supreme Court's Oct. 13 deadline concerning so-called "skill games" and they are doing it in court, rather than in the lawmaking chambers of the state Capitol.

The group, in a pending filing with the court, is expected to ask the court to use its "King's Bench" authority to reset the deadline to Feb. 10, 2027. Under the King's Bench doctrine, the court can intervene in matters in lower courts or even those not in court if they are deemed to be of "immediate public importance."

Those who operate small businesses, clubs and other outlets have pleaded with lawmakers to come up with a way to legalize the games because they generate significant revenue. Estimates earlier this year put the number statewide at roughly 70,000 machines.

A June ruling by the court found that they are illegal slot machines, but put a 120-day stay on its ruling to allow lawmakers to create a legislative solution. That stay expires next week.

There is almost no chance legislation will be passed by then. Hence, the operators of small businesses, clubs, fire halls and other organizations will be left without a source of income many had come to depend upon.

A wrinkle developed after the group of lawmakers made its filing with the court electronically late Tuesday, according to their attorney, David Senoff.

In an interview, Senoff said one of the four lawmakers asked to be removed from the petition, and since the request was made after the filing, the original document was withdrawn. On Wednesday afternoon, Senoff would not say which of the original group of four petitioners pulled out but said a new petition was expected to be filed soon with a new lawmaker substituting for the one that was removed.

"The substance of the first document will not change in any meaningful way," Senoff said.

The original group were Republican Sen. Gene Yaw of Lycoming County; Democratic Sen. Anthony Williams of Philadelphia; Republican Rep. Jonathan Fritz of Wayne County; and Democratic Rep. Danilo Burgos of Philadelphia.

Separately, multiple co-sponsorship memos -- documents that often are a precursor to the filing of an actual bill -- have been circulated by lawmakers seeking to create extensions of one type or another. One, circulated by Democratic Sen. Wayne Fontana of Allegheny County, would allow liquor license-holding fraternal and social organizations to keep five "skill game" machines on site until Dec. 31, 2027.

Not everyone is in favor of an extension.

A spokesperson for the Pennsylvania District Attorneys Association, Berks County District Attorney John Adams, said the Legislature has had plenty of time. Any extension, he said, would be nothing more than kicking the can down the road.

"I do not think it would be a good idea," Adams said. "Many businesses have already removed their machines or made them inoperable."

An advisory put out by state police earlier it the week said skill game devices found at businesses after the deadline could lead to a seizing of the machines; seizing of financial proceeds; the filing of criminal charges; and action against a business' liquor license.

Lawmakers have talked about potential legalization for years.

On Wednesday, Democratic Sen. Judy Schwank said the "fallout" for lawmakers from disappointed constituents next week will be bipartisan.

"All of us legislators are going to face the wrath of these business owners and small organizations," Schwank said. "I want to resolve this issue for the people of Pennsylvania."

Fritz, in an interview, said the Legislature has been hampered by the complexity of the issue and by the timing of the 120-day extension. Much of that time frame, he noted, was occupied by the July-September stretch when the Legislature traditionally has few session days.

Fritz said of the court filing, "We are making every effort to keep their machines viable and in use."