The Virginia budget committee has added an amendment concerning skills games to the state’s budget. However, certain critics argue that the inclusion of this “clarifying” language is a deceitful maneuver to prohibit skill games, without consulting the General Assembly or the public.
What are skill games and why are they controversial in Virginia?
Slot machine-like games can be found in numerous establishments across the state, including bars, restaurants, convenience stores, and truck stops.
Opponents of skill games in Virginia contend that these machines are diverting revenue from newly established Virginia casinos, charitable gaming initiatives, and the Virginia Lottery, which contributes to funding public schools in the state.
Senator Steve Newman (R-Lynchburg), a member of the budget committee, is among the opponents who argue that the machines have a detrimental impact on the general public.
On the other hand, skill game advocates in Virginia fail to acknowledge the issue. Despite their slot-like appearance, players don’t triumph solely by chance. They argue that these games demand a certain level of skill, much like traditional arcade games.
According to Boyd Melchor, the proprietor of the Kelly’s Tavern franchise, these games have played a crucial role in enabling numerous small businesses to remain operational during the challenging times of the pandemic, despite rising food expenses and shortages in labor.
“They are adored by the customers,” he remarked. “These skill games are providing solace to many of us.”
According to Richard Green, owner of Champs Sports Bar and Grill in Virginia Beach, the only opposition he faces comes from “casino lobbyists and politicians aiming to appease them.”
Contrary to the claims made by lobbyists, Melchor believes that businesses housing skill games do not pose a significant threat to casinos. He firmly believes that there will be no competition between the two.
Not the first time skill games targeted by Virginia’s General Assembly
When it comes to the benefits and dangers of skill games in small businesses, the Virginia General Assembly holds a range of opinions.
In 2020, Delegate David Bulova (D-Fairfax) put forth a bill aiming to prohibit the use of the machines entirely. However, due to a postponement by Gov. Ralph Northam, Senator Bill Stanley initiated a legal action challenging the ban.
In November, the issue will undergo review by the court.
New budget language breaks “unwritten rule”
This year’s budget bill saw the sponsorship of anti-skill games bills by both House Appropriations Committee Chair Barry Knight (R-Virginia Beach) and Senator Janet Howell (D-Fairfax). They spearheaded the effort to “clarify” skill game language.
Knight clarified that they are not stating that the items are prohibited, nor are they claiming that they are permissible. Their intention is solely to establish the definitions. The matter will be taken to court, and the final decision will be left to the judge.
Knight asserts that the alteration in the budget bill facilitates the seamless progress of ongoing legal proceedings by differentiating skill games from other forms of entertainment devices.
“Alongside Senator Howell, I have recently inserted precise definitions. Consequently, when the case progresses, there will be no ambiguity in distinguishing between a skill game and an amusement device.”
According to Senator Stanley, the additional wording included would effectively prohibit a significant number of games, including certain classic arcade games.
In addition, he mentions that the budget decision violated an unwritten principle in Virginia, where legislators typically refrain from enacting measures that disrupt an ongoing legal proceeding.
Stanley expressed his doubt, stating, “I believe they lack a clear understanding of what they are doing.”
The budget committee used “backdoor maneuvering” to restrict skill games
In order for a bill to be enacted as law, numerous legislative committees collaborate on the legislation prior to a vote on the floor.
Certain lawmakers are dissatisfied with the manner in which the skill game language was discreetly included by budget committee members.
In addition, the amendments encompassed various measures that potentially warranted voting, such as the addition of language proposing a misdemeanor charge for the possession of marijuana.
Lawmakers are compelled by the attachments to accept the budget amendments by casting a “yes” vote, otherwise risking the entirety of the state budget bill with a “no” vote.
Stanley said:
A radical change to the criminal code has been imposed upon the majority of the General Assembly members by a small group of legislators.
The changes were not introduced by the lawmakers as a separate bill during the regular session, he stated.
He added that no committee ever debated them, and they were never fully vetted by both chambers through the regular legislative process.