The Kentucky attorney general has sent legal guidance to prosecutors and law enforcement clarifying ‘grey machines’ as illegal gambling.
Attorney general Russell Coleman’s guidance outlines gambling devices that exploit ambiguities in the law, such as grey machines and “risk-free play” games, are illegal.
Often termed skill-based gaming machines, the controversial slot-style offerings are popular in locations like gas stations, bars and liquor stores.
Coleman said: “The law is clear – grey machines and other games like them are illegal gambling devices that have no place in Kentucky.
“Along with our law enforcement and prosecutorial partners across Kentucky, we will uphold the law as passed by our Commonwealth’s policymakers in the General Assembly.”
Kentucky grey machine ban survives legal challenge
The state legislature banned grey machines last year in HB 594, which was sponsored by two Republican legislators.
While the law was subject to a legal challenge, in June the Franklin Circuit Court sided with the Kentucky attorney general and General Assembly, meaning the ban could proceed.
The AG’s office said it continues to vigorously defend the HB 594 from appeal in the courts.
Following the passage of the ban, manufacturer Prominent Technologies changed its games to become “risk-free”, arguing they now complied with the law.
The games now tell a player whether the next game will win or lose money.
However, the guidance continued to oppose these games, arguing that an element of chance remained because it did not tell the results of future games.
The advisory referenced a past Kentucky Supreme Court precedent to conclude that the games were therefore illegal.
There are currently over 500 of the new “risk-free” machines available across the Commonwealth.
The guidance to law enforcement and prosecutors said: “You and your office are free to investigate and prosecute any violations of the Commonwealth’s gambling laws, including the laws related to ‘grey machines’.
“[W]e are prepared to provide whatever assistance your office may need if your investigation or prosecution of illegal ‘grey machines’ is challenged in court or results in additional constitutional challenges to the law or litigation against your office.”
