Suit Against Dave & Busters in South Carolina Court Claims Arcade Games Are Unlawful Gambling

Submitted by Nagesh Rath on

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Nagesh Rath

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Dave & Busters
  • State advocacy group filed suit in District Court of South Carolina Florence Division late Wednesday 

  • They claim the chain’s games function as unlawful gambling rather than entertainment

American restaurant and entertainment chain Dave & Busters might want to think twice before pursuing previously announced efforts to enter into the gambling space.

The company planned to introduce wagering on popular arcade games such as skee-ball and basketball, while also exploring betting on fishing-themed titles like Wicked Tuna, where players cast and reel in fish to earn tickets. These types of games are also featured at some online casinos but have been the subject of law enforcement raids in certain U.S. jurisdictions.

A recently filed lawsuit in South Carolina has placed the chain's arcade-and-prize model under fresh legal scrutiny even before they move forward with any real gambling offerings.  Gambling911.com had previously cast doubt on whether that business plan would ever come to fruition. 

A state advocacy group filed a suit in the District Court of South Carolina Florence Division late Wednesday April 15 arguing the chain’s games function as unlawful gambling rather than entertainment.

The group argues that the structure invites patrons to risk money for a chance at a larger reward, which it says fits South Carolina’s gambling definition. 

The filing also claims a customer who loads $55 onto a card typically loses most of that amount on a single visit.

The lawsuit does not single out a specific game, but rather challenges Dave & Buster’s overall prize-based arcade model, which would likely encompass games including Wicked Tuna.

The case targets specific stores in Myrtle Beach, Columbia and Greenville and seeks triple damages, fees and a declaration that the model is illegal.

It also relies on a South Carolina appeals ruling that broadened the reach of the state’s anti-gambling law to cover machines tied to money and prizes, with the complaint quoting the  company’s own language describing the “opportunity to win” as part of the in-store experience.

South Carolina is among the U.S. states where law enforcement has carried out raids on businesses offering skill games.

In January 2025, Lexington County officers seized 13 illegal gambling machines from four different bars.  Weeks later a South Carolina  judge officially deemed the devices illegal.  Richland County’s Sheriff’s Department conducted similar raids in their jurisdiction in February of last year. 

  • Nagesh Rath, Gambling911.com 

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