A Q&A with Mike Barley

What do lawmakers most often misunderstand about skill games, and how are you working to address that?

The question I get most often is: What is the difference between a skill game and a game of chance. Unfortunately, many illegal slot machines in the market masquerade as skill games, leading some lawmakers to misunderstand what legal skill games are and what legislation would do. 

Pennsylvania Skill games have been deemed legal by several courts, including the Commonwealth Court, which issued a unanimous decision. Our games are legal because they are games of predominant skill. A player can win every time. Furthermore, our games are not found in the “mini-casinos” proliferating across Pennsylvania. Our legal games of skill are only found in reputable locations where they provide supplementary income.

Our industry has worked hard to help lawmakers understand that voting in favor of skill game regulation is a vote to reduce the number of machines in the market and ensure that only certified games of skill are operating. We support guardrails and a regulatory framework for our games and support paying an additional, industry-specific tax on top of the taxes we already pay. Once lawmakers hear the facts, they support our position. 

Do skill games unfairly compete with casinos, and what regulatory approach do you support?

There is absolutely no evidence that legal skill games compete with casinos. Skill game players seek a very different experience from that of a casino gambler. Our players want to spend time in a local restaurant playing our games and conversing with friends. They want to play a skill game while supporting their local VFW. They are not the same players who drive, possibly several hours, to visit a casino.

The reason brick-and-mortar casinos are reporting reduced on-site slot revenue is due to an increase in online gambling. That is happening in nearly every state in the nation with gaming. For the 2024-2025 fiscal year, iGaming in Pennsylvania generated $2.47 billion – a 27% increase from the previous year. This made online gaming the state’s largest gambling area. 

As for a regulatory approach, for many years, we have advocated for common-sense regulation and a fair tax rate for skill games. 

What do you expect for the skill games debate this year, and what should lawmakers focus on moving forward?

I’m optimistic lawmakers will pass a compromise skill game bill, given the strong bipartisan support. Legislation sponsored by Senators Gene Yaw and Anthony Williams (SB 1079) and companion legislation sponsored by Representatives Danilo Burgos and Jonathan Fritz (House Bill 2046), provide a responsible, reasonable path forward. These proposals would not only establish a fair regulatory framework and a $500-per-month-per-terminal fee, but also generate new, immediate, annual tax revenue for the commonwealth. 

You’ve again been named to City & State PA’s Who’s Who in Government Relations. What accomplishments are you most proud of, and what motivates your continued advocacy?

I am most proud of the work we have done for hard-working Pennsylvanians. Through the years, especially most recently, we have been the David to the casino industry’s Goliath. We have fought hard to protect small businesses and organizations from the threat posed by the big casino lobby, and we plan to continue that fight. 

It’s easy to be motivated when you are helping people. For me, this includes small business owners and their employees, veterans’ organizations, firefighters, and fraternal groups. I get the opportunity to talk to people who benefit from skill games every day, and their stories are nothing short of inspiring. Families who have passed their businesses on to the next generation, organizations that would have closed but are offering important community services, all because of revenue from skill games.