A ruling made this week could reshape the future of skill games in Virginia
A Hanover County judge has dismissed charges against a convenience store owner accused of illegally operating Queen of Virginia Skill 2 machines, often seen in gas stations across the state.
The court found the machines at Breez-In Mart did not meet the legal definition of illegal gambling devices under Virginia law.
Owner David Bogese was charged last year with a misdemeanor, but his attorneys argued the games didn’t require players to insert money to play.
The judge sided with the defense, calling the law “too ambiguous” to fairly enforce.
Supporters say the ruling is a major win for small business owners, who rely on skill games for extra income.
Controversy surrounding skill games has been an ongoing topic of discussion for several years. In October 2023, a panel of the Virginia Supreme Court issued a notice banning the slot machine-looking kiosks. Three years prior to that, in 2020, Virginia passed a law banning skill-game kiosks; however, the ban was delayed when the pandemic started, as they were a major source of revenue for small businesses in a period of deep uncertainty.
In 2024, Governor Glenn Youngkin vetoed a bill that would have allowed small businesses to host skill games. Before this, Youngkin took action to amend the bill that was sent to him, calling for a higher tax rate and far stricter limits on where the machines could be located. He called for the establishment of a 35-mile radius around any casino, racetrack or gambling “satellite facility” where they could have been banned. Many convenience stores protested the amendments, stating that the changes would significantly hurt their business.
The Legislature, however, overwhelmingly rejected his changes.