Pace-O-Matic failed in its bid to have “Dragon’s Ascent,” its dragon-themed game produced by gaming machine manufacturer Pace-O-Matic, recognized as an actual game of skill by Kansas Supreme Court; leaving its legal standing uncertain and the legal standing uncertain for years.
“Dragon’s Ascent” can be found at many truck stops and convenience stores throughout Kansas, offering players the chance to engage in an arcade-style game that involves shooting dragons instead of fish as in similar arcade-style Asian titles. Shooters use credits to aim their shots against these mythical beasts – with prizes awarded upon every dragon they manage to defeat!
Kansas laws distinguish gambling activities that rely solely on chance from contests which put test skill, speed, strength or endurance to the test. Pace-O-Matic’s game falls squarely into this exception category by featuring “100% skill and strategy”, meaning it would not fall under state regulations as illegal gambling activity.
Challenges in Securing Legal Clarity
Pace-O-Matic approached the Kansas Racing and Gaming Commission (KRGC) in 2019 in search of legal recognition of its game; unfortunately they received vague and inconclusive responses from them. While acknowledging some elements of skill involved, KRGC also noted a number of features which did not depend on skill like weighting down joystick for continuous firing by one player – with potential to remotely altering game dynamics remotely, and no definitive ruling from Attorney General’s Office either, no definitive opinion could be received by Pace-O-Matic was met with indecisive responses too.
Pace-O-Matic was facing regulatory uncertainty and filed a lawsuit to gain clarity as to the legality of their gambling machines in Kansas, challenging their vague regulations. Unfortunately, however, the lower court dismissed their case without making an adjudication, suggesting there wasn’t anything significant enough for adjudication in terms of direct legal threats or financial harm to Pace-O-Matic from law enforcement actions which necessitated adjudication.
Kansas Supreme Court later upheld this dismissal, noting the absence of legal actions taken against “Dragon’s Ascent”, such as device seizures or cease-and-desist orders against it, as the main factor behind their ruling. Justice Keynen Wall also pointed to its uneventful operation across Kansas as contributing significantly towards their verdict.
A Pyrrhic Victory?
Pace-O-Matic has taken heart in Kansas’ Supreme Court’s ruling as validation of their legal standing within Kansas state boundaries and plans on continuing operations due to Michael Barley, their Chief Public Affairs Officer interpreting it positively.
Kansas courts remain silent regarding whether “Dragon’s Ascent” qualifies as a game of skill or chance; hence the legal ambiguity surrounding this digital gaming platform persists and contributes to ongoing discussions around their nature.
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