Temporary Order Eases Lubbock County Game Room Restrictions
Judge Approves Agreement Ahead of Ongoing Lawsuit
Business Wins Partial Relief in Court
LUBBOCK, Texas — A Lubbock County game room has secured a temporary court order easing restrictions imposed by county officials, allowing broader operating hours while a lawsuit challenging the rules moves forward.
The order, signed Friday, stems from a lawsuit filed by El Fronteriso, a game room located just south of Lubbock. The business sued the county on March 2, shortly after the Commissioners Court approved new regulations limiting operating hours to weekdays from 8 a.m. to 5 p.m.
Under the agreed temporary order, game rooms may now operate from 10 a.m. to 10 p.m. with no limits on days of the week. The order also prevents the county from requiring game rooms to display signs stating that gambling is illegal in Texas.
Order Remains in Place Until Trial
The temporary agreement will remain in effect until the case, El Fronteriso v. Lubbock County, goes to trial in the 237th State District Court. The case is being handled by a visiting judge, Patrick Pirtle.
Aside from the provisions covered by the temporary order, the rest of the county’s updated ordinance remains in force.
The lawsuit challenges changes made by county commissioners that tightened regulations on game rooms, including shorter hours of operation.
Lawsuit Raises Legal Challenges
El Fronteriso owner Eric Thompson filed the lawsuit after previously warning he would take legal action. He claims the county exceeded its authority and violated state law when adopting the new rules.
The lawsuit states that while counties in Texas have authority to regulate game rooms, that authority is limited.
“Texas law grants counties certain authority to regulate the operation of game rooms within their borders,” the lawsuit says. “But this authority to regulate this industry is limited by both constitutional constraints and the authorizing statute.”
The suit also alleges the county violated the Texas Open Meetings Act by failing to provide proper notice of proposed changes to operating hours.
Dispute Over Legality of Game Rooms
The case highlights ongoing disagreement over whether game rooms operate legally.
Sheriff Kelly Rowe has said game rooms often operate illegally. However, the lawsuit argues that El Fronteriso complies with state law and does not pay cash prizes.
Instead, the business relies on what is known as the “Fuzzy Animal Exception.” Under that provision, certain machines are not considered gambling devices if they award non-cash prizes with limited value.
“An eight-liner machine, or other game, is not considered a gambling device if players are only awarded non-cash prizes with a wholesale value less than 10 times the amount charged to play the game or $5 per game played, whichever is less,” the lawsuit states.
Additional Claims in the Case
El Fronteriso also argues that the new rules amount to a “regulatory taking” because they sharply reduce operating hours. The lawsuit says game rooms were previously allowed to operate up to 97 hours per week but are now limited to 45 hours under the updated ordinance.
The suit further claims the rules create security risks by requiring doors to remain unlocked during business hours. It states that the business needs to use controlled entry measures to reduce the risk of robbery.
The county has not yet filed a formal response in court records. The case remains pending as both sides prepare for trial.