Casey Alan Coyle, left, and Michael Libuser, right, of Babst, Calland, Clements and Zomnir. Courtesy photos Blurred Lines: The Ongoing Battle Between iLottery and iGaming
The fight is over legislation that prohibits the Pennsylvania Department of Revenue (the department), the administrator of the lottery, from offering products that "simulate casino-style lottery games" as part of the iLottery program. The Pennsylvania Supreme Court recently construed the meaning of that phrase in Greenwood Gaming & Entertainment v. Department of Revenue.
April 29, 2024 at 12:08 PM
9 minute read
Civil Appeals
Online gaming is a booming industry. In fiscal year 2022–23, the Pennsylvania Lottery's iLottery program generated $872.5 million in eInstant sales, while online gambling revenues topped $2 billion in Pennsylvania last year according to published reports. But behind the scenes, a dispute has arisen that pits the Pennsylvania Lottery against privately owned casinos. The fight is over legislation that prohibits the Pennsylvania Department of Revenue, the administrator of the lottery, from offering products that "simulate casino-style lottery games" as part of the iLottery program. The Pennsylvania Supreme Court recently construed the meaning of that phrase in Greenwood Gaming & Entertainment v. Department of Revenue, 306 A.3d 319 (Pa. 2023), and remanded the case to the Pennsylvania Commonwealth Court with instructions to apply a corresponding standard. The question now is whether, and to what extent, the Commonwealth Court will be able to establish a boundary between iLottery games and the online products offered by casinos.
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