Kansas Supreme Court throws out POM’s lawsuit over game

Article by : Charles Perrin Jan 6, 2025

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Pace O Matic didn’t get the day in court it hoped for after its lawsuit was thrown out by the Kansas Supreme Court.

The renowned software company is a big player in the “skill games” world, but according to the Court, it had failed to show “how a lack of declaratory judgment it sought would harm its business”.

POM had argued that a letter written by the Kansas Racing and Commission (KRGC) Director Don Brownlee to law enforcement agents in the state posed a threat to the offering of POM’s game Dragon’s Ascent. However, it transpired that POM had no legal standing to bring forward the lawsuit and it was subsequently dismissed.

The letter had suggested that KRGC agents played the game and didn’t think the skill level was sufficient to eliminate the impact chance had on the game.

That said, as KRGC had not taken formal legal action until this point, POM’s argument collapsed.

Therefore, such electronic games remain a gray area for the courts.

But Kansas doesn’t find itself alone. No, other states have been embroiled in ongoing battles over skill games.

North Carolina, for example, upheld a decision to ban skill games over casino cannibalization fears.

Kentucky also upheld a statewide ban last summer to discard such machines, while Virginia is still seeking clarification on the matter.

Currently, Kansas is home to 4 commercial casinos which are all owned by the Kansas Lottery, but operated by partners such as Boyd Gaming and PENN Entertainment.

However, if the legislature makes strides forward on defining what constitutes gambling in a way that affects POM’s business in Kansas, this could give the company the standing the court said it previously lacked.

For now, the future of skill games remains nebulous, but don’t expect the conversation around it to die down.