The Texas Card House has lost the latest instalment of their legal battle to remain open after a Dallas District court judge sided with the building official who revoked the poker room’s right to operate.
District Court judge Eric V. Moye wrote in his judgment this week: “The Court finds that the Board of Adjustment abused its discretion and made an illegal decision when it reversed the Building Official’s revocation of Certificate of Occupancy number 2003031040, which was issued in violation of state law to ‘Ryan Crow’ DBA ‘Texas Card House.”
That legalese relates to the Texas Card House owner, Ryan Crow, winning an appeal against the original closure of the club, which saw its Certificate of Occupancy (COO) being revoked.
Basically a permit to operate, the overturning was itself appealed by the building officials who had originally issued the COO, leaving the Texas Card House facing more legal battles if they want to remain open.
Raids and Shutdowns
It’s the latest twist in a long-running battle that has seen certain Texan cardrooms operate without any issues whatsoever, and others being raided by police and shut down by the authorities.
Earlier this month, the Watauga Social Lounge Poker Club just outside Dallas was raided by local police along with DEA officers.
More than $200,000 in cash was seized, staff were jailed, 49 players were issued on the spot fines of $360, and the entire contents of the social poker club was loaded onto a police truck as evidence.
Other poker clubs in the Dallas area are also threat as the City Attorney’s office looks to clamp down on the legal grey area that has allowed cardrooms to operate if they don’t take rake.
Champions Social attempted to open in an affluent neighbourhood and saw its licence quickly revoked by officials, the same fate befalling Shuffle 214, while Dallas Poker Club’s plans to open were scuppered after being denied an occupancy permit last year.
The Legal Battle
Texas Card House CEO Ryan Crow expects the case to eventually end up in the state’s Supreme Court. At that point we are likely to see some serious debate over what exactly the Texas laws do and do not allow.
The relevant sections of the penal code for individuals and cardrooms are as below:
Sec. 47.02. GAMBLING.
(a) A person commits an offense if he:
…(3) plays and bets for money or other thing of value at any game played with cards, dice, balls, or any other gambling device.
(b) It is a defense to prosecution under this section that:
(1) the actor engaged in gambling in a private place;
(2) no person received any economic benefit other than personal winnings; and
(3) except for the advantage of skill or luck, the risks of losing and the chances of winning were the same for all participants.
Sec. 47.04. KEEPING A GAMBLING PLACE.
(a) A person commits an offense if he knowingly uses or permits another to use as a gambling place any real estate, building, room, tent, vehicle, boat, or other property whatsoever owned by him or under his control, or rents or lets any such property with a view or expectation that it be so used.
(b) It is an affirmative defense to prosecution under this section that:
(1) the gambling occurred in a private place;
(2) no person received any economic benefit other than personal winnings; and
(3) except for the advantage of skill or luck, the risks of losing and the chances of winning were the same for all participants.
With another appeal in the process, the Texas Card House remains open for now, but for how long?
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