A Kansas Supreme Court has declined to declare Pace-O-Matic's "Dragon's Ascent" game a contest of skill, dealing a setback to the gaming machine manufacturer's efforts to definitively establish its legality in the state.

Dragon's Ascent, commonly found in Kansas truck stops and convenience stores, is a dragon-shooting game where players spend credits to fire shots at dragons for prizes. While Pace-O-Matic claims the game is "100% skill and strategy," making it legal under Kansas law, regulatory bodies have been hesitant to confirm this position.

The Kansas Racing and Gaming Commission's 2019 review found that while the game contains skill elements, it also features "many non-skill features." They noted that players could bypass skill requirements by simply placing a heavy object on the joypad for continuous firing. The commission ultimately declined to make a formal decision, citing concerns about the game's remotely alterable dynamics.

After failing to get clear answers from regulators and the Attorney General's Office, Pace-O-Matic sought legal intervention. However, the courts determined there was no case to consider since the company operates without law enforcement interference and hasn't suffered financial harm.

The Supreme Court upheld this decision, with Justice Keynen Wall noting the game's years of incident-free operation across Kansas, with no seizures, prosecutions, or cease-and-desist orders.

Despite the ruling, Pace-O-Matic views this as a positive outcome, with Chief Public Affairs Officer Michael Barley stating they will continue operations in Kansas. Meanwhile, a separate lawsuit filed by Kansas casino operators claiming illegal competition from Dragon's Ascent remains pending.

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