Another private poker club—the last in North Texas–has closed to avoid criminal charges. Jody Wheeler, owner of FTN Poker in McKinney, recently posted on Facebook, “It is with a heavy heart, sadness and great disappointment that I have to announce FTN will be closing the club Monday.” The club, which had been open only five weeks, had promoted itself as a safe and legal place to play poker but Wheeler said McKinney police indicated if the facility remained open he could be charged with felonies and employees could be arrested. “I can’t risk their lives like that,” Wheeler said.
McKinney police spokeswoman Carla Peritz confirmed that police determined the club was not operating within the law and had to close. “It was fairly obvious that that’s what needed to happen,” she said.
FTN Poker opened September 15 in a shopping center. The club had registered more than 500 members in its first month of open enrollment. “I believe we operated within the law,” Wheeler said. He noted state law allows gambling if it is conducted in a private place, no one receives an economic benefit beyond personal winnings and everyone has the same chance to win except for the advantage of skill or luck.
Wheeler noted similar clubs in Austin and Houston have remained open. “Clearly someone out there interprets the law that it’s OK. I wish I knew what was different,” he said. Meanwhile two other poker clubs in Plano and one Dallas also recently shut down after contact with police. At least two other clubs expected to open in Plano and Dallas have canceled their plans.
Curtis Howard, Plano Police Department’s senior legal adviser, said he recently has received “a bunch of calls” from people interested in operating a poker room. “The model we have seen that seems to be popular falls under illegal gambling,” he said.
