Gaming Machine Operator Brings Lawsuit Against The State

Fowler's Concessions' game was shut down at the Sioux Empire Fair Tuesday

SIOUX FALLS, S.D. – A Georgia based gaming machine operator is bringing a lawsuit in federal court against the South Dakota Department of Revenue.

According to court documents, Fowler’s Concessions has been setting up ‘coin pusher machines’ at both the Sioux Empire Fair and the Brown County Fair in Aberdeen since 2015. But this year, on Tuesday morning, the Department of Revenue shut down the company’s operations, calling the game an unlawful “game of chance”. That’s opposed to a game of skill. A game of skill is allowed, because it is not considered gambling.

Swier Law Firm tells KDLT News the game that was shut down is called ‘car wash’.

Fowler’s Concessions claims his operations were compliant in previous years, and shutting him down has cost him a total of $75,000 in lost revenue and future revenue.

A preliminary injunction hearing has been set for Monday morning at 10 a.m.

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