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No more gambling with public health: Pa. must ban skill games | Editorial

In the gambling industry food chain that preys on the most vulnerable, skill games are among the bottom-feeders. After a decision by the state’s highest court, Harrisburg must act.

Before becoming governor, Josh Shapiro expressed disdain for gambling, but now he is all in, writes the Editorial Board.
Before becoming governor, Josh Shapiro expressed disdain for gambling, but now he is all in, writes the Editorial Board. Read moreMatt Rourke / AP Photo/Matt Rourke

The Pennsylvania Supreme Court finally made clear what has been obvious to every other commonsense observer: Skill games are slot machines.

The question now is what will the General Assembly do about the estimated 70,000 skill games that it irresponsibly allowed to proliferate across the commonwealth?

If Gov. Josh Shapiro and state lawmakers place public health and safety above raking in more tax revenue, they will follow Kentucky’s lead and ban skill games.

But don’t expect Harrisburg to do the right thing when it comes to gambling. Governors and state legislators here have been hooked on gambling for two decades.

They view the billions in tax revenue that comes from gambling as easy money that helps avoid raising taxes or operating the government more efficiently. But they ignore the hard truth that much of that tax revenue comes from billions of dollars in losses from repeat and problem gamblers.

Research has found that slot machines are designed to addict users. Indeed, some Pennsylvania casino operators boasted early on that many customers came as often as six times a week.

The explosion of online gambling apps — especially on sports — via smartphones, is even more addictive. One Pennsylvania man said he sometimes placed 500 bets a day.

Studies have linked problem gambling to job loss, depression, suicide, domestic violence, and divorce. But lawmakers continue to ignore the growing public health crisis that impacts broader society. That’s because the same lawmakers are also in the vise grip of the influential gambling lobby that pours millions into their campaign coffers.

Recall that the gambling lobby helped write the law that legalized slot machines in Pennsylvania back in 2004. Then-Gov. Ed Rendell and former State Sen. Vince Fumo (D., Philadelphia) pushed through the measure with little debate. They morphed a 33-line document about background checks at horse racetracks into a 145-page bill known as Act 71, which cleared the way for up to 61,000 slot machines in 14 locations.

In the ensuing years, Harrisburg lawmakers have legalized more and more gambling, adding table games, online betting, and sports betting.

Pennsylvania now leads the country in gambling revenues it takes in, thanks to a surge in online betting that is reaching teens and kids as young as 11.

The commonwealth also has one of the highest addiction rates.

Casino backers argue that problem gambling only affects around 3% of the population. But that includes most people who do not gamble.

Studies found 60% to 90% of casino revenues come from problem or at-risk gamblers. When it comes to sports betting, 86% of the revenues come from just 5% of the gamblers. So, the business model essentially depends on problem gamblers.

But as Harrisburg lawmakers rushed to legalize additional gambling options, they looked the other way as thousands of skill games popped up in local taverns, gas stations, laundromats, convenience stores, and social clubs, like VFW halls.

In the gambling industry food chain that preys on the most vulnerable, skill games are among the bottom-feeders.

But skill games have been allowed to operate for years with no regulation or taxation. Many machines are in poor neighborhoods in Philadelphia and small towns.

» READ MORE: Protect kids from online gambling | Editorial

Some small business owners — such as the corner taverns and social clubs — argue that skill games help attract customers. But if a business is dependent on repeat gamblers mindlessly pumping money into a machine, it is time to innovate.

In addition, skill games have been linked to increased crime, including armed robbery and murder.

Last year, a Philadelphia jury ordered Pace-O-Matic, the leading skill game maker, to pay $15.3 million to the estate of a Hazleton store clerk killed during a 2020 robbery.

A convenience store clerk in Frankford who was shot during an armed robbery recently sued Banilla Gaming, a North Carolina-based skill games manufacturer, alleging it enticed the robbery because of the large amounts of cash the store maintained to pay gamblers.

In 2024, the Philadelphia City Council voted to ban skill games because they attracted crime, but the Commonwealth Court quickly lifted the ban.

Now, it is up to the General Assembly’s lawmakers to fix what they have long ignored.

Shapiro has proposed regulating and taxing skill games at 52% — the same rate as slot machines in casinos. Before becoming governor, he expressed disdain for gambling, but now he is all in. Shapiro estimated skill games could bring in $2 billion in revenue for the state — glossing over that the money comes from individual gambling losses. (The state doesn’t even use the word gambling; they call it “gaming” as if it is all good, clean fun.)

Pace-O-Matic, the most influential skill game player, wants a much lower tax rate of around 16%. Its army of lobbyists — and lawmakers willing to do their bidding — will surely have a lot to say about what comes next. So will the lawmakers on the side of the casino lobby, which wants an even playing field.

Average citizens don’t have a voice in this fight.

The state Supreme Court gave the General Assembly 120 days to figure out what to do next. If the legislature fails to act, the skill games will be subjected to the same regulations as slot machines.

During the 2023-2024 session, three state Senate Democrats introduced a bill that called for banning skill games. That remains the best path forward.

But expecting Harrisburg to protect citizens from gambling ills is a long shot.