LUBBOCK, Texas (KCBD) – A game room owner is suing Lubbock County, alleging county commissioners overstepped their authority when they amended the 2024 game room ordinance.<\/p>\n
Eric Thompson, owner of El Fronteriso, located just east of the interstate near County Road 73-40 in southeast Lubbock County, filed the lawsuit – not for monetary relief, but to overturn the amendments he describes as unconstitutional and unenforceable.<\/p>\n
The lawsuit focuses on three changes passed by county commissioners in February: a requirement that facilities keep their doors unlocked, signage stating that gambling is illegal in Texas, and new restrictions that shorten hours of operation.<\/p>\n
Previously, game rooms were allowed to operate from 10 a.m. to 11 p.m. Sunday through Thursday, and 10 a.m. to 2 a.m. Friday through Sunday morning.<\/p>\n
County commissioners changed those hours to 8 a.m. through 5 p.m., and only Monday through Friday.<\/p>\n
Thompson says those restrictions are negatively affecting his business.<\/p>\n
\u201cSince the hours change, you\u2019re looking at 50 or 60 people a day coming in and that\u2019s it,\u201d Thompson said. \u201cDefinitely a gross income drop; it definitely affects how you pay your bills and again it just makes it harder.\u201d<\/p>\n
Lubbock County Sheriff Kelly Rowe and his designated deputies are responsible for inspecting game rooms and ensuring compliance. Rowe said the hours change was driven in part by some game rooms\u2019 proximity to family facilities.<\/p>\n
\u201cSome of these game rooms have ended up near sports complexes for kids and we\u2019ve heard from some parents and some folks there that they\u2019re kind of appreciative of that point,\u201d Rowe said.<\/p>\n
Thompson\u2019s lawsuit also alleges that County Judge Curtis Parrish and Sheriff Rowe hold animosity toward the game room industry, claiming their sentiment \u201cresulted in an attempt to regulate the game room industry out of existence.\u201d<\/p>\n
\u201cYou read the sheriff\u2019s article and he calls people that goes to those places \u2018scumbags,\u2019\u201d Thompson said. \u201cThey\u2019re not. They\u2019re grandmas, they\u2019re grandpas, they\u2019re working people.\u201d<\/p>\n
Rowe said that while not every game room is actively engaging in illegal conduct, all of them are, by nature, illicit enterprises.<\/p>\n
\u201cThese are criminal organizations,\u201d Rowe said. \u201cGambling is illegal, not only by statutes of the state of Texas, but by the constitution of the state of Texas. And it\u2019s a real challenge to reconcile trying to, quote unquote, legalize or create a framework to legalize these types of businesses when by their very nature they\u2019re illegal.\u201d<\/p>\n
Thompson said his operation works to stay in compliance with both state law and the ordinance, and to prevent crime on the premises.<\/p>\n
\u201cWe go to great lengths to keep drugs out of our business. We don\u2019t really have to deal with prostitution or human trafficking, but that stuff is not allowed at our business,\u201d Thompson said. \u201cSo for them to just sit there and categorically say this stuff goes on \u2014 that\u2019s not true.\u201d<\/p>\n
Thompson\u2019s attorney, Benjamin Garcia, even offered to train deputies with the sheriff\u2019s office on what compliance looks like. He said he did not receive a response.<\/p>\n
Sheriff Rowe is responsible for reporting violations and citations back to the Tax Assessor Collector\u2019s Office, which acts as the permit office for game rooms. The Tax Assessor Collector reports it has not been notified of any citations or fines since the original ordinance was passed in 2024.<\/p>\n
Still, Sheriff Rowe says compliance and safety is something his team, and other area law enforcement, needs to stay on top of.<\/p>\n
\u201cThere\u2019s still no shortage of individuals trying to bypass legal limitations, particularly when it comes to cash payouts,\u201d Rowe said. \u201cWe will have to continue to investigate for as long as we don\u2019t have an absolute prohibition against these types of game room operations.\u201d<\/p>\n
Thompson said he supported the ordinance when it first passed two years ago but says the county is no longer in conversation with game room owners. Judge Les Hatch has been assigned to the case.<\/p>\n
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