To some, the "games of skill" — which pay cash to winners — may look like they are sanctioned by the state lottery, but they are not. In fact, critics say they are cutting into lottery sales and profits.
The maker of one model, whose machines are branded "Pennsylvania Skill," has sued over state police seizures of their machines.
On Wednesday, Commonwealth Court heard arguments regarding an injunction stopping those seizures. Matt Haverstick, an attorney for the manufacturer, argues that the games are predominantly games of skill, not chance, and are legal.
State police argue that software updates can change that balance between skill and chance at any time, making the machines impossible to regulate.
Haverstick says his clients have long sought to cooperate with authorities.
"There’s plenty of ways that you could verify on an ongoing basis if they were willing to be cooperative that, in fact, that the game always was skill," he said.
Legislation addressing skill games is pending before state lawmakers. In the meantime, the judge presiding over the case in Commonwealth Court says she wants to move the case to a resolution as quickly as possible.