CHARLOTTESVILLE, Va. (CBS19 NEWS) -- The Charlottesville Commonwealth's Attorney has been sued by the maker of skill gaming machines.
The lawsuit was filed on June 28 in Charlottesville Circuit Court and asks the court to declare that the Queen of Virginia game devices are legal.
Earlier in June, Commonwealth's Attorney Joe Platania released a statement saying the game consoles are gambling machines and violate state law.
The Richmond-based Queen of Virginia company disputes Platania's opinion about the machines, which have been appearing in various stores and restaurants in the area.
According to the lawsuit, Queen of Virginia had an independent laboratory look at the machines, which determined the "outcome depended predominantly on skill rather than chance and therefore could not be an illegal gambling device under Virginia law."
The lawsuit says banning the machines would violate the Virginia Constitution and the 14th Amendment to the U.S. Constitution by preventing the company from conducting legal business, which would result in the company being forced out of business and subjecting its property to unjust criminal seizure.
It also says Platania has exceeded his jurisdictional authority by forcing the removal of the machines.
Stores and restaurants that had the machines within Charlottesville city limits had until July 7 to remove the games.
To read the full lawsuit, click on the link in the Related Documents box.