Eight-liners unconstitutional, rules Texas appeals court in Fort Worth
A Texas appeals court in Fort Worth ruled eight-liners unconstitutional Monday.
The ruling from the Texas Second Court of Appeals in March will head to the Texas Supreme Court next and, if upheld, will appear on ballots as a constitutional amendment for voters to decide whether or not to allow the machines, according to the Texas Civil Justice League.
Texas outlaws the use of machines, but a loophole known as the “fuzzy animal” exception, which refers to machines like those at Chuck E. Cheese, allowed game rooms to operate eight-liners under the condition they either had cashless prizes or prizes that weren’t worth $5 or 10 times more than the game’s cost.
The Fort Worth City Council passed game room ordinances in 2014 because residents believed they attracted crime. The ordinances expanded upon Texas code and limited the machines to industrial areas and , and made it so they couldn’t be within 1,000 feet of schools, churches, hospitals or residential areas. The case made its way to the Texas Supreme Court in 2020, where the city argued eight-liners were illegal lotteries.
Amusement redemption operators who initiated the suit countered, saying state law limited how much the city could regulate. Because there wasn’t clarity on whether or not eight-liners were unconstitutional at the time, the suit was sent to the lower courts.
The court eventually found the machines to be lotteries and said they were illegal if they don’t pass the “fuzzy animal” exemption.
“Because we conclude that these eight-liner video slot machines are lotteries — a term more expansive than most would assume — they are unconstitutional,” the March 17 opinion reads.
The ruling adds to a longer, more drawn out battle for legal gambling in Texas. The state is one of 20 that outlaws sports betting, and strict gambling laws have sent some crossing state lines to place their bets. Gambling advocates are hopeful for changes in the 2023 legislative session, though past efforts for legal gambling haven’t been successful.
Representatives from the city attorney’s office didn’t immediately return requests for comment Monday afternoon. Attempts to reach plaintiffs Stephannie Riley of C&D Amusements and Lisa and Brian Scott with River Bottoms Pub, were unsuccessful.
A spokesperson for the Fort Worth Police Department didn’t have any comment when reached Monday afternoon and said they needed to do more research. A spokesperson for the Tarrant County Sheriff’s Office didn’t immediately return a phone call for comment
