The debate over what constitutes legal poker in Texas continues to go unanswered
A Dallas appeals court has ruled in favor of Texas Card House, allowing the poker club to remain open after city officials attempted to revoke its operating certificate. The 5th District Court of Appeals’ decision upheld an earlier ruling by the city’s Board of Adjustment, which had initially allowed the club to keep its certificate of occupancy despite the city’s claims.
The dispute began when Dallas’ then-building official, Andrew Espinoza, argued that the poker club violated Texas’ gambling laws and sued to reverse the board’s decision. This led to a November 2022 ruling by District Judge Eric Moyé, who sided with the city and declared the Board of Adjustment’s decision illegal. Texas Card House appealed this ruling, asserting that the city had changed its stance on poker clubs without any change in the law or the club’s operations.
The appeals court found that Judge Moyé had failed to give proper deference to the Board of Adjustment’s decision, emphasizing that courts should not overrule the board’s discretion if its decision was reasonable. The court noted that even if the evidence overwhelmingly opposed the board’s ruling, the trial court was still required to uphold it if reasonable minds could justify the decision.
The legal battle over poker businesses in Dallas has been costly for the city, with taxpayers covering at least $550,000 in legal fees related to the lawsuits against Texas Card House and another poker club, Shuffle 214. Despite the city’s stance that poker clubs are illegal under Texas law, these businesses have argued that their operations are lawful, as the law permits private games where no one benefits financially except through personal winnings.
The conflict has created a broader debate in Dallas about the future of poker businesses. The city is considering revising its development code to provide a legal path for these businesses to operate, potentially allowing private clubs that offer games of skill to obtain special permits. However, this proposal has faced opposition, and the Dallas City Plan Commission recently postponed a decision on the matter until ongoing legal disputes are resolved.
