In a surprising twist to Virginia’s ongoing debate over skill games, a state lawmaker has argued that certain versions of these games are legal precisely because they involve no skill at all. This claim comes despite Governor Glenn Youngkin’s veto of a bill to legalize skill games earlier this year, leaving the ban on such games in place.
The “No-Skill” Argument
Virginia Delegate Steve Heretick has issued written opinions used by skill-game companies and convenience store owners, asserting that some skill games can be legally operated in Virginia. His reasoning? These games involve zero skill, according to a report in the Virginia Mercury.
In a July 11 interview, Heretick explained that his interpretation applies only to “pre-reveal” games. These games allow players to preview upcoming spins to see if they will result in winning combinations.
“If you know what’s going to happen and you do it anyway, I can’t say that I would be awfully entertained by that,” Heretick told the newspaper. “But at the same time, there seem to be an awful lot of people who are.”
Heretick argues that because players can see what’s coming next and choose not to play, there’s no element of chance, and therefore, the games are not a form of gambling. He contends that these games involve even less skill than traditional arcade games like pinball, making them exempt from the skill-game ban.
Pushback and Criticism
This interpretation has not gone unchallenged. Tad Berman, a Richmond horse racing enthusiast who closely follows gambling issues in Virginia, strongly criticized Heretick’s stance:
“Mr Heretick’s contempt for the law is disturbing enough, but through his actions it is also glaringly obvious that he is encouraging others to break the law,” Berman said in an email to the office of attorney-general Jason Miyares. “Mr Heretick needs to explain himself and the businesses that have resumed operating under the pretence of his letter should be ordered to immediately stop operations or be prosecuted to the fullest extent of the law.”
Delegate Paul Krizek (D-Fairfax), who specializes in gambling policy in the general assembly, also weighed in. He argued that the focus on pre-reveal games shows companies are “contributing to lawlessness in the commonwealth,” as reported by the Virginia Mercury.
“Everybody knows what gambling is,” Krizek stated. “You put money in and you have the chance of winning money. It doesn’t matter how it happens.”
Implications for Virginia’s Gambling Landscape
This controversy highlights the ongoing challenges in regulating and defining gambling in the digital age. As skill games continue to appear in Virginia convenience stores despite the ban, the debate over their legality and nature is likely to persist.
The situation raises important questions about the definition of gambling, the role of skill in gaming, and the enforcement of existing laws. As Virginia grapples with these issues, the outcome could have significant implications for the state’s approach to gambling regulation and the future of skill games in the commonwealth.