Appeals court sides with City on eight-liners

Appeals court sides with City on eight-liners

Published on October 08, 2024

After 10 years of legal battles, the Texas Supreme Court has denied further review, allowing a Second Court of Appeals order to stand finding that gaming devices known as eight-liners are unconstitutional lotteries. As a result, Fort Worth may now ban them.

Background: In response to residents' concerns, in 2014 the City created strict game-room regulations. Fort Worth was sued under the theory that City ordinances were pre-empted by state law. Following rulings in the trial court and the court of appeals, the Texas Supreme Court granted the City's petition for review, adopted the City's argument that its ordinances are not pre-empted if eight liners are unconstitutional lotteries, and remanded to the Court of Appeals for a determination of whether the machines are indeed unconstitutional lotteries.

The City of Fort Worth shared this statement in response to last week's ruling: "The City is gratified by the Court of Appeals decision about its game-room ordinances. The Court found that eight-liner gaming devices are unconstitutional devices."

What's next? The City has started the process of changing its zoning and licensing rules to ban eight-liners, amusement redemption machines and game rooms. On Oct. 15, the City Council is expected to consider the City Code amendment; the zoning ordinance amendment will be on the Dec. 10 agenda.

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