Fort Worth wants state appeals court to rule on game room ordinance

The City Council Tuesday approved spending an additional $100,000 to defend itself in litigation involving an ordinance it passed more than 18 months ago that strictly regulates game rooms.

The additional spending raises to $200,000 the fees for legal services paid to the Kelly, Hart & Hallman law firm in three suits pending in Tarrant County state district court.

Kelly, Hart & Hallman was initially hired in August 2015.

The city and the plaintiffs, 10 game room operators, are awaiting a ruling from state District Judge Melody Wilkinson for permission to appeal her February ruling that denied both sides’ motions for summary judgment. Instead, both sides now want to ask the 2nd Court of Appeals in Fort Worth for a ruling in an effort to avoid a costly trial.

At question is whether the Texas Penal Code, which defines offenses and punishments, is constitutional because it authorizes the operation of lotteries in violation of the Texas Constitution.

“We all agree this is a law case,” said Gerald Pruitt, Fort Worth’s deputy city attorney. “We think this case really has to be resolved at the Texas Supreme Court.”

Under the newer city ordinance, game rooms are allowed only in industrial areas, and are not allowed within 1,000 feet of residential areas, churches, schools, hospitals or another game room. The city passed the ordinance to reduce “the nefarious activities associated with illegal gambling,” according to a court filing.

The game room operators want the ordinance struck down as invalid because it pre-empts state law. In 1993, the Texas Legislature defined gaming devices, and the legislation was upheld by an Amarillo appeals court in 2000.

“The City has failed to give any compelling reason to reopen what was decided 16 years ago,” the plaintiffs argue in court records. The city, they said, is “stuck with State law as it is written, not as they would like it to be.”

In the meantime, the city is enforcing the ordinance against game rooms that have not sued the city. Pruitt said “a number” of arrests have been made where the game rooms are giving cash prizes.

This story was originally published May 3, 2016 at 8:30 PM with the headline "Fort Worth wants state appeals court to rule on game room ordinance."