A Virginia judge ruled on Wednesday that the altered version of POM’s Queen of Virginia skill-based game is not prohibited by state law, which bans skill devices. This decision stems from a change in the game's mechanics; the updated version, known as Queen of Virginia Skill 2 (QVS2), no longer accepts coins or tokens. Instead, players must pay cash directly to the machine operator to unlock the game for play.
The QVS2 machines are similar to those previously banned in the state. Players can continue to deposit money after their initial buy-in is lost, and those who win can cash out their earnings from the operator.
Judge Hugh McConnell of Hanover County District Court dismissed a misdemeanor charge against a convenience store owner accused of operating illegal skill games. The judge noted that the state law defines illegal skill devices as those requiring players to insert a coin, ticket, or token to play. Since the QVS2 does not require such an insertion, it was ruled outside the scope of the ban.
The ban on skill games originated from a 2020 law, which identified these devices as illegal slot machines according to Casino industry regulations and law enforcement. In a bid to support small businesses during the COVID-19 pandemic, Governor Glenn Youngkin postponed the ban's enforcement for a year.
Although a lawsuit by business owners aimed to declare the ban unconstitutional initially succeeded, the Virginia Supreme Court later overturned this decision, enforcing the ban as of October 2023. In 2024, Youngkin vetoed a legislative proposal to legalize skill games after lawmakers dismissed his call for tougher regulations.
The revised game was introduced last summer, and soon after, state Attorney General Jason Miyares informed prosecutors and law enforcement that these new machines were essentially the same as the illegal versions but had undergone minor modifications to evade the ban.
Youngkin criticized POM for exploiting a loophole in the law, claiming this action breached trust with the state. He suggested that POM should have pursued good-faith negotiations for potential legalization instead.
In his ruling, Judge McConnell concluded that not only did the QVS2 not fit the narrow legal definition, but he also deemed the existing law too ambiguous to clarify which games could be legally operated.
State Senator Bill Stanley, a supporter of legalizing these machines, praised the ruling, stating, "Today, justice for the little guy won over government overreach and the blatant attempt of the casino interests to exclude small businesses from participating in the gaming industry."
