Skill Games Legislation

On October 17, 2007, the Senate passed House Bill 177 to modify the definition of "slot machine" and "skill-based amusement machine" for purposes of the Gambling Law, to create a limit on the redemption value of prizes associated with skill-based amusement machines, and to clarify regulatory authority pertaining to skill-based amusement machines. The bill had earlier passed in the House of Representatives.

The bill essentially prohibits cash payouts from any "skill-based amusement" machine and caps non-cash payouts from skill-based machines at a maximum of $10 in value and provides for felony charges against repeat offenders. The bill was signed by Governor Stickland on October 25, 2007 and will go into immediate effect.

Full text of H.B. 177
Bill analysis from Ohio Legislative Service Commission

Anti-Gaming Executive Order and Emergency Rules

On August 23, 2007, Ohio Governor Strickland, by Executive Order entitled Implementing Rule Defining Skill-Based Amusement Machines and Unfair and Deceptive Practices in Consumer Transactions, and emergency administrative rules 109:4-3-31 Ohio Administrative Code from Ohio Attorney General Dann, declare that any gaming machine in Ohio offering cash prizes or claims for cash are illegal. In addition, games that provide non-cash prizes or merchandise valued at over $10.00 are also illegal. The new emergency administrative rules are effective for 90 days.

Governor's Executive Order
Anti-Gaming Emergency Rules
Bricker & Eckler Article

Injunctions Sought Against Video Machines

On August 29, 2007, Ohio Attorney General Marc Dann sought preliminary injunctions against the continued operation of video game parlors in Fayette, Seneca and Columbiana counties. The basis of the injunction filings in the three county court is that the operators of the video parlors are violating the Ohio Consumers Sales Practice Act by holding out the video machines as "skill-based", when, according to Dann, they are not. On September 4, 2007, additional injunction filings were made in Belmont and Licking Counties.

News release and copy of the complaint and request for injunction

Temporary Restaining Order Issued to Block Enforcement of Anti-Gaming Rules

On August 24, 2007, the Franklin County Court of Common Pleas issued a temporary restraining order to block enforcement of the anti-gaming emergency rules issued by Ohio Attorney General Marc Dann. The order was sought by Ohio Skill Games that argues that its machines are skill-based and not chance-based.

On August 27, 2007, the Ohio Attorney General filed an emergency petition with the 10th District Court of Appeals to stay the Franklin County Court of Common Pleas restraining order. The petition was rejected by the Court on August 29, 2007.