A Missouri-based maker of video lottery terminals (VLTs) has filed a lawsuit against the City of Springfield. Torch Electronics claims its machines do not fall under the city's ban of gambling machines.
Torch claims the city is “. . .exceeding its authority in enacting and enforcing an ordinance that does not apply to Torch, effectively banning lawful Torch coin-operated amusement machines in law-abiding businesses across the Springfield community,” according to the lawsuit filed Feb. 29, which was obtained by the Hauxeda.
In the petition, Torch claims that its machines “. . .allow a customer to see results of the game before the customer puts money in the machine” and outcomes “are pre-determined, finite and in sequential order.”
“The outcomes are not determined by an element of chance” and “these pre-determined outcomes cannot be altered and, thus, are not competitive and nor are they games of chance,” the company claimed in the lawsuit.
Torch claims that the ban the Springfield City Council voted to enact Feb. 12 is “not applicable to Torch coin-operated amusement machines as Torch coin-operated amusement machines are not entertainment devices that offer a monetary prize.”
Therefore, the ban “. . .will lead to violations of Torch’s due process rights, rendering
Torch’s validly issued licenses ineffective without any basic opportunities to be heard at a meaningful time or in a meaningful manner,” the company claimed in the lawsuit.
Springfield Director of Public Information Cora Scott said in an emailed statement Feb. 29 that the city does not typically comment on active litigation.
Enforcement since the ban
During Springfield Police Chief Paul Williams’ presentation of the police department’s 2023 annual report to the City Council, Councilmember Callie Carroll asked for an update on enforcement efforts of the new ordinance, to which Mayor Ken McClure said:
“I think, Ms. Carroll, that’s probably a question we shouldn’t ask.”
After the City Council adopted a new ordinance banning entertainment devices offering monetary prizes, game rooms across Springfield began to shutter Feb. 13. In mid-February, Torch Electronics sent a letter to customers claiming its VLTs are not in violation of the VLT ban passed by the Springfield City Council, according to a letter obtained by the Hauxeda.
Scott said in mid-February that the ordinance was effective from the moment it was adopted. Following the VLT ban, some Springfield businesses got visits from police officers. At that time, Springfield Police had begun multiple investigations regarding violations of the ordinance.
Torch claims that the city began issuing citations against operators of Torch Machines Feb. 26, according to the lawsuit. Torch claims that the city has issued at least 8 citations to “. . .nonmanagerial store clerks of convenience stores and gas stations that contained Torch coin-operated machines.”
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