Pace-O-Matic can't tell Kansas court that 'Dragon's Ascent' is legal

Posted: January 6, 2025, 06:12 pm.

Last updated: January 6, 2025, 06:12 pm.

Gaming machine maker Pace-O-Matic's efforts to have its dragon-shooting game “Dragon Ascent” declared a skill competition by the Kansas Supreme Court have come under fire.

Dragon Ascent, currently widely available in Kansas truck stops and convenience stores, resembles the popular fish-shooting-style game that originated in Asia, but replaces the fish with dragons. Each bullet fired earns a credit or stake, while each dragon slain receives a reward.

The Georgia-based company claimed on its website that Dragon Ascent is “100% skill and strategy”, which would mean that it was not an illegal gambling device under state law.

The trouble is that Pace-O-Matic is having difficulty convincing anyone in the executive or judicial branches of state government.

no direct answer

The company first turned to the Kansas Racing and Gaming Commission in 2019, but its findings were disappointing. The Commission determined that although the game certainly contained elements of skill, there were also “many non-skill features”.

For example, it saw a player defeat opponents by placing a heavy can on top of the joypad to continuously fire.

Ultimately, the Commission stated that it could not make formal decisions because the dynamics of the game could be changed remotely. When the Attorney General's office was asked for its opinion, it also refused to consider it.

But the lower court said there was no case to answer because Pace-O-Matic was operating the game without harassment from law enforcement and therefore had not suffered financial losses.

Meanwhile, several Kansas casino operators sued the company, arguing that Dragon Ascent was actually illegal, and they were actually had gone Financially harmed – by Pace-O-Matic. That matter is pending.

lack of standing

Last week, Supreme Court judges upheld a lower court's ruling — that there was no merit to the case.

Dragon Ascent has been operating throughout Kansas without incident for several years. No equipment has been confiscated. No prosecution has been initiated. No stoppage order has been issued. And neither the Racing and Gaming Commission nor the Attorney General has opined that the game is illegal,” Justice Keenan Wall wrote.

Pace-O-Matic was taking this as a victory.

“(…) Based on these facts and this case, we will continue to operate legally in Kansas,” said Michael Barley, Pace-O-Matic's chief public affairs officer. Topeka Capital-Journal.