Kansas Supreme Court Declines to Rule on Legality of Pace-O-Matic’s “Dragon’s Ascent”
The Kansas Supreme Court has declined to issue a decision on the legal status of “Dragon’s Ascent”, a game developed by Pace-O-Matic that allows players to shoot dragons to win cash prizes. The company claims the game is based entirely on skill and strategy and should not be classified as an illegal gambling device.
Court Avoids Ruling on Gambling Classification
The court did not address whether “Dragon’s Ascent” qualifies as an illegal gambling device. Instead, the justices upheld a lower court’s ruling that dismissed Pace-O-Matic’s case on procedural grounds.
The court found that the company had not demonstrated any harm, as the game has operated in Kansas for several years without intervention from law enforcement or regulatory agencies.
Justice Keynen Wall explained the decision, stating, “Dragon’s Ascent has been operating in Kansas for several years without incident. No devices have been seized, no criminal proceedings initiated, and no cease-and-desist orders issued. Neither the Kansas Racing and Gaming Commission nor the Attorney General has determined the game to be illegal.”
The Dispute
The legal battle began in 2019 when Pace-O-Matic approached the Kansas Racing and Gaming Commission (KRGC) for clarification on the game’s legality. The KRGC responded that while “Dragon’s Ascent” includes elements of skill, it also features too many components beyond the player’s control to definitively classify it as a skill-based game.
Despite the lack of a formal opinion from the KRGC, Pace-O-Matic launched the game and actively presented it to law enforcement for evaluation. The company later filed a lawsuit against the Kansas Attorney General, the KRGC, and the Douglas County District Attorney, seeking a declaration of the game’s legality. The company also argued that Kansas gambling laws are overly vague in defining illegal gambling devices.
The lower court dismissed the case, citing the lack of any legal or financial harm to Pace-O-Matic. The Kansas Supreme Court upheld this dismissal, emphasizing that the game has faced no enforcement actions in the state.
Ongoing Casino Operators’ Lawsuit
While the court case brought by Pace-O-Matic has concluded, the game remains at the center of a separate legal dispute. Several casino operators in Kansas have filed a lawsuit against the company, arguing that “Dragon’s Ascent” is an illegal gambling device that has caused financial harm to their businesses. This case is still pending.
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