Five dozen poker players were hoping to win a pot of
money Tuesday night playing No Limit Texas Holdem at
Jake's Sports Cafe. The owner says it wasn't illegal
gambling, but the Lubbock District Attorney's Office
says, "You bet it was.""Everyone was
disappointed," said Scott Stevenson, Owner of Jake's
Sports Cafe. "[Tuesday] we planned to have a poker
tournament," that is until the TABC vowed to shut
Stevenson down if he did.
"In Texas the basic proposition is gambling is
illegal," said Assistant Criminal District Attorney,
John Grace. Grace warned Jake's with a phone call
that what they were about to do was illegal. "There
are four kinds of legal gambling in Texas, and its
the lottery, horse racing, dog racing and bingo. If
it it's not one of those four its illegal," said
Grace.
However, Stevenson says it's not gambling at
all. "We were charging an entry fee, and then
whoever won would get the entry fee, just like in a
golf tournament or in a pool tournament," said
Stevenson.
"What they were proposing does not fall within
the exceptions of the gambling statute." Grace went
on to say that under the statute, gambling is
allowed in private as long as nobody is doing it as
a business that the only people profiting are the
people playing.
Jake's contends that since they wouldn't be
taking a cut of the entry fee its above board.
Stevenson said the District Attorney's Office told
them it was okay. "We checked with the DA before
doing this, and they told us as long as we did not
take money or make money from the game then it would
be legal."
Grace disagrees. "I can tell you that our
office does not give legal opinions. We won't tell
somebody 'Yeah if you do it that's way its ok, and
you're not breaking the law."
Jake's has decided to hold its chips but wants
to try hosting the tournament again. When asked what
they would do if Jake's would try and hold another
poker game, Grace said the DA and TABC would break
it up.
The District Attorney's Office says that
Jake's would have made Money off of the poker game
by the increase in business because of the
tournament. That, and the fact that players would be
playing for money in a commercial establishment,
violates the law.