Opinion: Now is the time for the General Assembly to act on skill games

As the Clearfield County District Attorney, I took an oath to uphold the Constitution and enforce the laws of the Commonwealth of Pennsylvania. That responsibility is not conditional. District attorneys across Pennsylvania are obligated to enforce the law fairly and consistently and to protect the communities we serve. However, district attorneys do not write the law. That responsibility belongs to the Pennsylvania General Assembly. That distinction matters as we approach Oct. 13 and these so-called skill games become illegal following the Pennsylvania Supreme Court’s decision earlier this summer.

To be clear, law enforcement officials across the commonwealth are not asking the General Assembly to provide further clarity about what the law means. Instead, we are asking the General Assembly to tell Pennsylvanians whether it intends to act. If the legislature believes these machines should be permitted, it should establish the statutory framework governing them. If it believes they should be prohibited, then it clearly needs to communicate that it intends to permit the Supreme Court’s decision to go into effect.

Furthermore, law enforcement officers need to know if these devices will remain illegal. Is it worth the time and resources to enforce the law, if a few weeks later the legislature will make them legal again? Same thing for our fraternal organizations, VFWs, legions, fire companies, and business owners that need to know what they can and cannot do legally to support themselves.

There are also legitimate public-safety concerns that the General Assembly should consider as it determines whether and how to regulate these gambling devices, including concerns about theft, drugs, and other criminal activity associated with certain locations, specifically “mini-casinos” that serve no other legitimate purpose.

The message to the General Assembly is simple: If you intend to change the law governing these gambling devices, then the time to act is now.

If the General Assembly does not act and these machines become illegal under Pennsylvania law on Oct. 13, district attorneys will enforce the law as it exists. That does not mean every district attorney will approach every case identically. Prosecutors have an obligation to exercise appropriate prosecutorial discretion and determine where limited resources can have the greatest impact. Our focus should be on unlawful gambling operations and other violations that pose a threat to our communities. The best outcome is voluntary compliance.

Attorney General Dave Sunday and the Pennsylvania State Police have similarly called on business owners and organizations to comply with Pennsylvania law and remove machines voluntarily if the law prohibits them outside licensed gaming facilities, rather than waiting for law enforcement to take action.

District attorneys stand ready to enforce whatever law the General Assembly puts on the books. However, we also have an obligation to tell our legislators when action is needed, and now is the time.

I will continue to uphold my oath and do my part. Now I am asking the General Assembly to do its part: decide whether it intends to act on skill games, and if so, enact a law that reflects that decision – or communicate its intent to do nothing.