By Wafir Salih

Illegal skill games are appearing in convenience stores and gas stations across Alexandria and other parts of Virginia, sparking frustration among residents.

The resurgence follows the summer release of an updated Queen of Virginia Skill machine by Georgia-based gaming firm Pace-O-Matic, which critics say was designed to try to bypass Virginia laws.

Commonwealth’s Attorney Bryan Porter affirmed in an interview on Nov. 4 that skill games are still banned statewide.

“I can assure the public that my understanding is that, regardless of whether it’s a new machine or an old machine, the current state of the law is that skill games are illegal,” Porter said.

Pace-O-Matic defended their updated machines and said they are complying with current state laws.

“Pace-O-Matic has launched new, legally compliant skill game technology that supports Virginia small businesses by allowing them to earn supplemental revenue today. Pace-O-Matic has never and will never operate outside the law. Virginia legal experts have thoroughly reviewed our new product and have confirmed that the games fully comply with current statute,” Michael Barley, chief public affairs officer of Pace-O-Matic, wrote in a statement to the Times.

The new Queen of Virginia Skill 2, or QVS2, machines are reportedly operating in La Feria Latina Grocery on Mount Vernon Avenue, with older devices operating at AJ Tobacco & Mini Mart on West Glebe Road and at Tiger Mart on Mount Vernon Avenue, according to a report from ALXNow.

Tracy Walker, communications manager for the Alexandria Police Department, confirmed with the Times that the department is investigating the issue.

“APD is actively investigating and working with the Commonwealth’s Attorney on questions of legality,” Tracy Walker wrote in a statement.

At the time of his interview with the Times, Porter said his office had not received any reports of QVS2 machines operating in Alexandria. He declined to comment on enforcement actions involving older machines, citing an open investigation.

“To the extent that we have received complaints recently about old machines, I cannot comment on an open investigation,” he said.

Bradley Beychok, an Alexandria resident and member of Virginians Against Slot Machines, or VASM, criticized the lack of enforcement despite the ban.

“We’re allowing a crime in progress to occur in broad daylight, and it makes no sense,” Beychok said.

Beychok urged residents to speak out against the skill games cropping up and called for action from the city.

“Citizens need to speak up and say, ‘I don’t want this here,’ and then our elected officials and law enforcement should say, ‘Yes, these are illegal, citizens don’t like them and we need to shut them down.’ It’s no more complicated than that,” Beychok said.

VASM has casino groups among its coalition members, according to the organization’s website. Beychok acknowledged the presence of casino interests in the group, but noted that other supporters included faith-based and law enforcement organizations.

Porter said if residents suspect illegal gambling taking place, they should report it to APD.

“If citizens are aware of an operation that they believe constitutes illegal gambling, they’d be encouraged to report it to the police department,” he said.

Porter also referred to Virginia Attorney General Jason Miyares’ recent opinion that skill games are illegal.

“The attorney general has opined that even the new machines remain illegal, and his opinion has the force of law, unless the legislature acts or a court countermands him,” he said.

In a Sept. 26 memorandum, Miyares reaffirmed that skill games, including the new QVS2 machines, remain illegal under state law.

“It is my opinion that the QVS2 gaming device is an illegal ‘skill game’ and therefore, an illegal ‘gambling device,’ under Virginia law,” Miyares wrote.

Miyares noted that the payment method is the only main difference between the previously banned QVS machine and its newest iteration. Previously, players could just insert their money into the QVS and start playing from there. Now, with the new QVS2 machine, players must give their money to a cashier, who will then put it into the machine and get it to start.

In the memorandum, Miyares dismissed the change in payment method as an attempt to circumvent the law.

“This slight alteration of the payment method appears to be designed to evade enforcement, and it does not change the fact that the QVS2 device is still likely an illegal ‘skill game’ under Va. Code § 18.2-325,” Miyares wrote.

The Virginia General Assembly passed a bill banning skill games in 2020, which was then overturned in 2021 by Greenville Circuit Court, after the Sadler Brothers Oil Company and other plaintiffs filed and won a lawsuit alleging that the ban violated their free speech rights.

Then, in 2023, the Virginia Supreme Court overturned that decision, effectively reinstating the ban.

Earlier this year, the General Assembly passed a bill to legalize skill games. Gov. Glenn Youngkin, however, vetoed the bill after lawmakers rejected his proposed amendments, which included a higher tax rate and restrictions within 35 miles of casino and racetrack businesses.

Mayor Justin Wilson acknowledged the shifting legal landscape in the past few years surrounding skill games in the state. He said the city sent a letter to the legislature with input earlier this year before the bill was vetoed.

“We talked about greater local control. We talked about making sure that we can manage where they are. We talked about how the revenues were distributed, things like that,” Wilson said. “At the moment, we’re kind of still waiting to see what happens in Richmond.”

When asked about critics’ concerns that Pace-O-Matic may be exploiting a loophole in the payment method to skirt state law, Wilson declined to comment on the specifics, but offered his perspective on the legal process.

“Typically, the way we make something legal in Virginia is both houses of the General Assembly pass a bill and then the governor signs it, and that has not happened,” Wilson said. “I understand there’s some creative lawyering going on around the Commonwealth suggesting other perspectives, but it sounds just like that – it sounds like creative lawyering to me.”