An angry game room owner filed his threatened lawsuit this week wanting an injunction to stop the updated version of Lubbock County’s game room ordinance – which, among other things, tightens business hours.
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El Fronteriso owner Eric Thompson, told LubbockLights.com he planned to sue the county over restrictive business hours and (he claimed) an open meetings violation by County Commissioners.
“Texas law grants counties certain authority to regulate the operation of game rooms within their borders,” the lawsuit said.
“But this authority to regulate this industry is limited by both constitutional constraints and the authorizing statute,” the suit also claimed.
Sheriff Kelly Rowe told LubbockLights.com game rooms operate illegally. That’s often true – but not always, according to El Fronteriso’s lawsuit.
“While most game rooms in Lubbock illegally pay cash prizes, El Fronteriso does not pay cash,” the lawsuit said.
El Fronteriso uses a provision of Texas law called the “Fuzzy Animal Exception.”
“An eight-liner machine, or other game, is not considered a gambling device if players are only awarded non-cash prizes with a wholesale value less than 10 times the amount charged to play the game or $5 per game played, whichever is less,” the suit said.
Highlights of El Fronteriso’s claims:
Commissioners exceeded their authority in passing the February changes.
It was a Texas Open Meetings Act violation (no proper notice about proposed changes to hours of operation).
The change was a “regulatory taking” without compensation. Game rooms were previously permitted to operate 97 hours (seven days) per week. The 2026 amendments only permit game rooms to operate 45 hours (five days) per week.
The change is a security risk with mandatory unlocked doors during business hours. Because of the risk of armed robbery, the lawsuit said, “El Fronteriso needs to be able to utilize its magnetic lock to regulate who may enter the premises.”
The case remains pending in the 237th District Court before judge Les Hatch. The county has not yet filed its side of the story in court records.
Click here to read the lawsuit.
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– James Clark is the associate editor of Lubbock Lights. He worked in radio, television and digital media for a combined total of more than 30 years. He was Director of Digital News Content at KAMC,…
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