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Photo by Jessica Kourkounis\/Pennsylvania Capital-Star
\n A convenience store in Pottsville, Schuylkill County, advertises skill games on March 12, 2026.<\/p>\n
The Pennsylvania Supreme Court declared skill games unlawful last month, throwing thousands of businesses across the state into uncertainty as they await guidance from the legislature. <\/p>\n
But the ruling might have also put popular family games on the wrong side of the law.<\/p>\n
Last month, the court struck down what it called two \u201cdeeply flawed\u201d lower court rulings that had allowed skill game machines to spread across the commonwealth without restraint from law enforcement or gaming authorities. <\/p>\n
Skill games typically resemble slot machines found in casinos, and players can bet to win jackpots from games based on chance. However, if a player loses, they can win back their money by successfully completing a complex puzzle.<\/p>\n
While the ruling primarily deals with skill game machines that allow players to win jackpots, Justice David Wecht said in his opinion for the court\u2019s 4-2 majority that enforcement hypothetically could stretch to traditional arcade games, often found at family entertainment centers like Chuck E. Cheese or Dave & Busters.<\/p>\n
Pace-O-Matic, the company that produces skill game software, argued in court that if their machines are considered a form of gambling, then \u201call ordinary ticket-generating games at amusement businesses\u201d \u2014 like Skee-Ball and other arcade games that require skill to win \u2014 would also be illegal. <\/p>\n
The commonwealth\u2019s attorneys called it the \u201cChuck E. Cheese defense.\u201d<\/p>\n
Wecht noted that previous cases established that skill games that awarded prizes \u201cworth less than the cost of play\u201d were not gambling devices. <\/p>\n
However the court acknowledged that \u201cas a theoretical matter, this sort of amusement device may qualify\u201d as a skill game. This puts machines found at Dave & Busters, Chuck E. Cheese, and arcades at risk of bans. <\/p>\n
\u201cUnless there\u2019s a change in the law, those games are gambling devices,\u201d said Bruce Antkowiak, a law professor at St. Vincent College. <\/p>\n
Pinball, Skee-Ball, golf simulators and claw machines are among the games that could face enforcement.<\/p>\n
In a statement, Pace-O-Matic urged lawmakers to regulate and tax skill games to ensure they, and other forms of gaming, can remain legal. <\/p>\n
Any new tax would bolster Pennsylvania\u2019s revenue, forcing lawmakers to consider skill game legislation as they negotiate Pennsylvania\u2019s fifth late budget in a row. Antkowiak said the financial incentive does mean arcade games won\u2019t be let off the hook entirely. They just may not be the police\u2019s first targets.<\/p>\n
Lawmakers have debated whether potential tax revenue should go into the state\u2019s general fund or support transportation, as well as how much any tax rate should be. <\/p>\n
In his budget proposal, Gov. Josh Shapiro called for a 52% tax, which would generate over $2 billion in annual revenue.<\/p>\n
Competing tax proposals in the Republican-controlled Senate would tax the machines at either 16% or 35%. A separate bipartisan bill would put a $500 monthly fee on individual skill game machines.<\/p>\n
On June 30, the budget deadline, House Minority Leader Jesse Topper (R-Bedford) said many of the policy issues splitting the state legislature \u2014 including skill games \u2014 won\u2019t be found in this year\u2019s final spending plan. <\/p>\n
Bipartisan Senate- and House-sponsored legislation aiming to regulate and tax skill games has remained in committees in each chamber since its introduction.<\/p>\n
Wecht wrote in the opinion that if the enforcement ends up affecting arcade games, \u201cthen so be it.\u201d <\/p>\n
\u201cWe cannot shy away from the language of a statute merely because its application may have undesirable consequences in some hypothetical future context,\u201d he added.<\/p>\n
Courts will consider legal challenges \u201cshould law enforcement officers begin conducting raids of children\u2019s amusement establishments and seizing Skee-Ball machines and stuffed animals,\u201d Wecht said.<\/p>\n
However, state Attorney General Dave Sunday\u2019s office wrote in a statement that while it will approach enforcement of the ruling on a case-by-case basis, its focus \u201cremains on games involving financial gain\u201d \u2014 so neighborhood arcades would still be safe.<\/p>\n
Antkowiak also said the impending legislative battle over skill game regulation, coupled with police stations likely prioritizing more serious crimes, will make enforcement harder.<\/p>\n
\u201cIt\u2019s going to be very difficult to see a mass raid on a Chuck E. Cheese,\u201d he said.<\/p>\n
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Emily Scolnick is a 2026 Dow Jones News Fund intern at the Pennsylvania Capital-Star.<\/p>\n
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Pennsylvania Capital-Star is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Pennsylvania Capital-Star maintains editorial independence. Contact Editor Tim Lambert for questions: info@penncapital-star.com. Follow Pennsylvania Capital-Star on Facebook and Twitter.<\/p>\n
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