Civil District Court Judge Eric Moye has ruled that the city of Dallas, Texas acted legally when it revoked a certificate of occupancy for the Texas Card House, then followed it by shutting down the poker room.
The ruling reversed an action by the Board of Adjustment that allowed the card club to operate. Although casinos are illegal in the Lone Star State, many jurisdictions allow private card clubs to operate as long as they don’t take a rake of the pot.
The Texas Card House has been operating for years as a social club with a membership fee. Owner Sam Von Kennel thought he was operating within the law. He opened several dozen card clubs across the state from 2015 to the present. Only Dallas chose to shut one down.
It revoked the certificate of occupancy about a year after it was issued. The city contends that the club is not a private place.
According to papers filed by the city, “It is undisputed that tens of thousands of people have access to playing the poker games at the Property, with an average of 630 players a day.” Thousands more watch livestreams from the clubs across the state.
The judge ruled that the Board of Adjustment made an illegal decision in allowing the card club to operate—and pointed out that the city denied certificates of occupancy to three other proposed poker clubs. One of those appealed and the others threw in the towel and left.
It is possible this case could eventually wind its way to the state Supreme Court since other cities allow the poker rooms to operate, although everyone agrees that it is a legal gray area. Texas Card House says it plans to appeal as far up as it can go.
