Supporters score legal victory over Kentucky gray machines ban

A Kentucky judge has upheld the state’s ban on gray machines, ruling that the slot-like devices must be permanently removed from operation.

The decision, made by Franklin Court Circuit Judge Phillip Shepherd, came after Attorney General Russell Coleman requested a summary judgment — effectively ending the case without a full trial.

Background of the case

Initially, gray machines were found in:

• Gas stations

• Convenience stores

• Bars across Kentucky

These slot-like machines, which pay out money, had been a source of heated debate during the state’s legislative session.

Arguments from both sides

• Advocates argued the games were skill-based and suggested ways to tax them.

• Critics warned that the machines could trigger the largest expansion of gambling in Kentucky’s history.

• Pace-O-Matic and ARKK Properties, developers and stakeholders of the “Burning Barrel” machine, claimed the ban violated free speech rights.

Court ruling and next steps

Judge Shepherd dismissed these arguments, ruling that the gray machines were operating “on the fringes of legality.”
House Bill 594 reinforced the ban, bringing partial closure to the issue. However, opponents may still appeal the decision, though no confirmation has been made.

Kentucky continues to refine its gambling laws, having already approved historical racing machines at racetracks. For now, the gray machines debate appears settled — at least temporarily.