Customers enjoy legal cashless skill games at a local convenience store.
A Hanover County judge has ruled that cashless skill games do not constitute illegal gambling under Virginia law, providing a boost to small businesses in the state. The ruling came after a case involving David Bogese, who faced charges for operating Queen of Virginia skill machines. The judge dismissed the charges, allowing businesses to continue operations without the threat of legal action, and underscoring the need for clearer regulations in this area.
In a major turn of events, a Hanover County judge has ruled in favor of cashless skill games, providing a significant boost to small business owners throughout Virginia. In a recent court case, Judge Hugh Campbell dismissed charges against David Bogese, who owns the Breez-In Mart. Bogese was facing a misdemeanor charge related to operating four Queen of Virginia skill machines, commonly known as QVS2 devices.
Judge Campbell determined that the QVS2 devices do not fall under the legal definition of illegal gambling machines according to Virginia law. This is a big win for Bogese and other local business owners who rely on these machines for a portion of their income. Previously, prosecutors had argued that the machines were in violation of state gambling statutes, which explicitly prohibit devices that require players to insert a coin, bill, ticket, or similar object to begin gameplay. However, Bogese’s defense team pointed out that the QVS2 machines operate without any need for currency or objects to play, effectively aligning with the law.
Representing Bogese were prominent attorneys Ryan McDougle and Bill Stanley, both of whom are Republican members of the Virginia Senate. Their strategy drew upon the “rule of lenity,” a legal principle which suggests that any ambiguities in criminal law should be interpreted favorably for the defendant. Judge Campbell highlighted that the existing laws surrounding skill games are too vague, leaving business owners unsure about their legal standing. With this ruling, there’s newfound clarity, and it paves the way for continued operations without the looming threat of legal action.
Following the ruling, Bogese expressed hopefulness about getting back to regular business operations. For him and many others relying on these machines, it’s not just about gaming; it’s about keeping their businesses, and by extension, their livelihoods afloat. But not everyone is on board with this decision. Critics, like Nick Larson from Virginians Against Neighborhood Slot Machines, accuse supporters of the QVS2 system of twisting the narrative surrounding the legality of skill games.
The QVS2 terminals, which made their debut in August 2024, are cashless and require players to check in with a store attendant before they’re allowed to play. This innovative approach aims to ensure compliance with state laws while providing a fun gaming experience. Pace-O-Matic, the developers behind the QVS2, consulted various legal experts, including former Attorneys General, to make certain that their product adheres to Virginia’s regulations before its launch.
The landscape for skill games in Virginia has been quite turbulent. During the COVID-19 pandemic, there were moments of reprieve allowing these machines to operate, yet in late 2023, a ban was reimposed citing concerns about competing with officially sanctioned casino ventures. Various proposals have surfaced in the state legislature, particularly in 2025, aimed at establishing regulatory frameworks for skill games, including one that would introduce a tax model proposed by Senator Bill DeSteph.
Governor Glenn Youngkin’s previous veto of legislation that would permit small businesses to host skill games has left many wondering what the future holds. This latest ruling could serve as a catalyst for future legislative discussions concerning skill games in Virginia. The Virginia Merchants and Amusement Coalition celebrated this decision as an uplifting moment for small businesses dependent on the income generated from skill games.
With hopes running high, attorneys involved in the case express optimism that this ruling will urge lawmakers to clear up the confusing regulations surrounding skill games, ultimately fostering a more stable environment for business owners in Virginia.
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