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Judge James Wolf repeatedly asked lawyers on both sides whether the court should consider whether a single game or a series of games violates the law. “I’m a simple kind of guy. It comes down to whether we can consider the entire course of the play or one particular game. Their argument is one particular game is not a game of chance because you know the outcome. … What in the statute allows us to consider the entire course of play?” he asked, pointing out that the state law defines slot machines, in part, as a device whose outcome is “unpredictable by the user.” The answer rests in the way the machines generate the games, which the state believes violates the law, said McGinn, whose department regulates gambling. “From our perspective, it doesn’t matter whether it’s one game. It doesn’t matter whether it’s multiple games,” he said. The appeal follows a decision last year by Leon County Circuit Judge John Cooper, who reversed himself after originally siding with the manufacturer and distributor of the machines. Cooper changed his mind after the Seminole Tribe of Florida asked him to reconsider the decision. Blue Sky and Gator Coin sued the state after investigators with the Division of Alcohol, Tobacco and Firearms decided the games were effectively illegal slot machines and began confiscating the devices. The Seminoles, who intervened in the case on the side of regulators, asked the Legislature to address the legality of the games or risk having the state lose millions of dollars in a revenue-sharing agreement that gives the tribe the exclusive rights to operate slots outside Broward and Miami-Dade counties.
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