June 4, 2025

Gaming in Legal Limbo: Missouri’s Civil Remedy Shortfall for “Gray Market” Gaming Devices

In 2021, Missouri stood at a crossroads between two billion-dollar industries: state-licensed casino gaming and a rapidly expanding “gray market” of unregulated video lottery terminals. At stake was not just tax revenue or market share, but the very framework of how Missouri regulates one of America's oldest vices. When the Missouri State Highway Patrol (“Highway Patrol”) began seizing Torch Electronics devices from multiple locations as illegal “gambling devices,” the resulting legal challenge forced courts to confront a fundamental question: who has the power to determine the legality of these devices?