Kansas Supreme Court Declines to Rule on Dragon’s Ascent
Pace-O-Matic (POM), a Georgia-based company, is seeking clarity from Kansas authorities on the legal classification of its game, Dragon’s Ascent.
People playing Dragon's Ascent. Pace-O-Matic seeks legal ruling on Dragon’s Ascent in Kansas.
LISTEN TO THIS ARTICLE:This shooting game, available in many truck stops and convenience stores across the state, involves players spending credits to shoot dragons, earning prizes for each successful shot.
The company insists the game is entirely skill-based, describing it as requiring “100% skill and strategy”. Kansas law prohibits “gambling devices”, which are games of chance from which operators earn a profit. In order to ensure the game complies with gaming regulations in the state, POM first approached Kansas authorities in 2019 for clarification. After testing the game, the Kansas Racing and Gaming Commission declined to issue a formal opinion.
Despite the lack of a definitive ruling, POM launched Dragon’s Ascent and subsequently filed a lawsuit against the Kansas attorney general, the Kansas Racing and Gaming Commission, and the Douglas County district attorney. The company is asking for a declaratory judgment affirming the game’s compliance with Kansas gambling laws and alleging that the laws themselves are unconstitutionally vague.
Lawsuit Challenges Kansas Statutes
When the Kansas Racing and Gaming Commission tested Dragon’s Ascent, it noted the game involved elements of skill but concluded it also had too many non-skill features to allow true mastery. For instance, one observed tactic involved placing a heavy object on the joystick to enable continuous firing, which provides an advantage over players attempting to rely solely on skill.
Another factor complicating the issue was the game’s source code, which the commission pointed out could be remotely altered. Following these findings, POM met with then-Attorney General Derek Schmidt for further guidance but was unable to resolve the matter, which led to the lawsuit.
POM also escalated its claims to the Kansas Supreme Court, and presented three arguments. First, that Dragon’s Ascent is not covered by the Kansas Expanded Lottery Act. Second, that it does not violate criminal gambling statutes. Third, that Kansas gambling laws’ reliance on “chance” is unconstitutionally vague.
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Supreme Court Rules POM Lacks Standing
In the most recent development, the Kansas Supreme Court dismissed the case, stating that POM lacked standing. Justice Keynen “K.J.” Wall Jr. explained that the company had not demonstrated a credible threat of prosecution or other harm from the parties named in the lawsuit.
We understand (Pace-O-Matic)’s desire to confirm that Dragon’s Ascent complies with Kansas law. But we cannot expand our judicial power simply because an answer would be helpful. No devices have been seized. No prosecutions have been initiated. No cease-and-desist orders have been issued. And neither the Racing and Gaming Commission nor the Attorney General has opined that the game is illegal.
Despite the dismissal, POM is viewing the outcome positively. Michael Barley, the company’s chief public affairs officer, highlighted that the Supreme Court did not rule the game illegal adding, “Based on these facts and this case, we will continue to operate legally in Kansas.”
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