Salem Arcade Bar Files Suit Against State

SALEM, MA — What's the difference between a Lucky 7s casino slot machine and a Ms. Pac Man arcade game kiosk?

That what the owners of the Bit Bar in Salem want to know.

Bit Bar ownership, Bit Bar Labs Inc., filed a lawsuit in federal court on Wednesday seeking an injunction to be allowed to boot up its array of classic video games while the state is in phase 3 of its coronavirus reopening.

The suit cites the inconsistency in Gov. Charlie Baker's restrictions that allow for casino slot machines at the Encore in Everett, but not arcade games at the Salem restaurant.

"We have been dutifully working with our state legislators to try and find a solution to the arbitrary ban placed on the operation of arcade games in Phase 3 of reopening," said a message posted on Bit Bar Salem's Facebook page. "Slot machines operated by big money casinos have been deemed safe. The Baker Administration has refused to give us a straight answer and yesterday we filed an injunction to ask for equal protection."

The 20-page court motion and request for oral argument argues that the arcade portion of the business is key to its survival and that the business was treated unfairly when arcades were pushed from phase 3 of the reopening to phase 4 — which Baker indicated in May could begin in June or July, but is now indefinitely on hold until coronavirus vaccine or effective therapeutic becomes available.

"Both casinos and arcades require people sitting or standing at similarly-sized, nearly identical machines," the motion argues. "There is no difference in the COVID risks for customers or employees. Bit Bar has had to keep the arcade portion of its business closed (its restaurant is open as part of phase 3) while casinos enjoy the advantage of the house always winning."

The suit argues that the restaurant has suffered "tremendous harm" and may not be able to survive without the arcade revenue amid lower capacity for the restaurant until a vaccine is available.

"To further illustrate the lack of a rational basis for the regulations," the suit states, "examine the (table-style) Ms. Pac Man video game machines Bit Bar uses a dining tables. In their powered-off state, Bit Bar may allow customers to dine on them without issue. However, flip the switch, turn them on, and according to Gov. Baker's orders, this table turns into a deadly disease vector."

Gov. Baker said at a news conference on Wednesday that while he sympathizes with bars and restaurants being hurt or forced out of business due to the coronavirus restrictions, they are necessary for the state to keep the cases low until there its a therapy or vaccine.