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If it looks like gambling, smells like gambling and feels like gambling — it may not be illegal gambling in Ohio. That seems to be the angle used by those who hope to bring “skilled amusement devices” to East Ohio.
Steubenville City Council is considering an ordinance that would limit “skilled amusement devices,” and other communities also are considering the issue. But there is a substantial amount of uncertainty concerning how to proceed.
That’s because of the enormous gray area involved in the question. Strictly speaking, “skilled amusement devices” could include the arcade machines that attract children to drop in a couple of quarters and attempt to use a claw device to snag stuffed animals. But they also include devices that look and operate much like electronic gambling machines attractive to some adults.
It is the latter category of device that concerns some public officials in East Ohio. “When you shake down all the garbage, it’s essentially gambling,” Steubenville City Manager Bruce Williams commented. Many Ohioans probably would agree — but state law may not.
The “skilled amusement” strategy is to build a device that is operated much like one of the video lottery machines used at racetracks and many other locations here in West Virginia. But instead of relying on computer chips to “randomly” select winners, “skilled amusement” requires involvement by players who can — even if only in some small way — affect the outcome of a “game.”
“Skilled amusement” isn’t much of a problem in West Virginia — but that probably has little to do with the quality of our laws regulating it.
West Virginia does have laws regarding “skilled amusement” devices. They specify that certain types of “games” are not permitted and, occasionally, they are used by law enforcement officials such as those who ordered that a “coin pusher” device be removed from a Glen Dale business.
But the reason that there isn’t much controversy about “skilled amusement” in West Virginia may be that there’s no market for them, speculated John Melton, general counsel for the state Lottery Commission. He told the News-Register that there is not much attraction in games that “push the envelope” — because gambling machines are legal here. They are as near as the corner bar in many communities.
Ohioans are considering whether to legalize some gambling machines. But unless they do so, promoters of “skilled amusement” devices will continue to “push the envelope.”
Communities such as Steubenville may attempt to react to that with ordinances, but that won’t stop the promoters. The issue needs to be considered at the state level. It is something that legislators should put on their agendas as soon as possible.
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