A lawsuit challenging Lubbock County’s revised game room regulations remains unresolved, but a temporary court order has already blocked two of the restrictions targeted by the business that filed the case.
El Fronteriso and its owner, Eric Thompson, sued the county in March 2026, alleging commissioners exceeded their legal authority by sharply reducing game room operating hours. The lawsuit also challenges an unlocked-door requirement and a rule requiring businesses to display signs stating that gambling is illegal in Texas.
The county denied wrongdoing. In April, however, both sides agreed to temporary terms allowing game rooms to operate from 10 a.m. to 10 p.m. seven days a week while the litigation continues.
The order replaced the county’s February schedule of 8 a.m. to 5 p.m., Monday through Friday. It also temporarily prevents the county from enforcing the mandatory-sign provision. The remainder of the amended ordinance stays in effect, according to Lubbock Lights’ report on the agreed order.
Lawsuit says commissioners went too far
The Lubbock County Commissioners Court adopted its original game room ordinance in October 2024. The regulations subsequently required permits for owners and employees, background checks, security measures and compliance inspections.
The ordinance also restricted the number and location of new game rooms. Businesses already operating when the rules were adopted could apply for grandfathered status, but the county later limited the circumstances under which that protection could continue.
Commissioners approved another set of changes in February 2026. Those amendments prohibited the transfer or division of permits, created a citizen hearing board for permit disputes and authorized additional enforcement measures.
Commissioner Mike Dalby also proposed restricting game room operations to regular weekday business hours. That amendment cut the available schedule from 97 hours a week to 45.
El Fronteriso’s lawsuit argues that the operating-hours provision does not amount to reasonable regulation. Instead, the business says it severely restricts a lawful operation and exceeds the authority the Legislature granted to counties.
The lawsuit seeks an injunction and declarations that the challenged provisions are invalid. It does not seek monetary damages, according to KCBD’s coverage of the filing.
Texas law defines county regulatory powers
Under Section 234.133 of the Texas Local Government Code, a county may regulate game rooms to protect public health, safety and welfare. The statute specifically permits counties to control their locations, prohibit them near schools, churches or residential neighborhoods and limit how many may operate in a designated area.
Counties may also require permits, conduct inspections and revoke permits for violations. The law says this authority is cumulative of other regulatory powers available to a county.
The dispute asks a judge to decide whether the authority extends to the specific restrictions Lubbock County adopted, particularly a schedule that eliminated evening and weekend operations.
County officials have described game rooms as sources of robberies, shootings, drug activity and other crime. Dalby said the shorter schedule was intended to protect residents and make the businesses easier to supervise.
Thompson maintains that El Fronteriso operates within Texas law and does not make cash payouts.
Texas generally prohibits gambling devices but recognizes a narrow exception for machines used solely for amusement. Under Section 47.01 of the Texas Penal Code, qualifying machines may award only noncash merchandise, toys or novelties. The wholesale value available from one play cannot exceed 10 times the price of the play or $5, whichever is less.
Possessing a county permit does not protect an operator from prosecution if the business violates state gambling law.
Public-notice and security claims
El Fronteriso also alleges that commissioners violated the Texas Open Meetings Act when they approved the new hours.
The meeting agenda identified proposed amendments to the game room ordinance, but it did not specifically disclose Dalby’s weekday-only operating schedule. The proposal was introduced during the meeting and adopted as an amendment.
Section 551.041 of the Texas Government Code requires governmental bodies to give written notice of the date, time, place and subject of each meeting. The lawsuit contends that the posted language was not specific enough to alert the public to such a substantial reduction in operating hours.
The county has not conceded that the notice was inadequate. Its court filing used a general denial, requiring El Fronteriso to prove its allegations.
The business’s security claim concerns a provision requiring exterior doors to remain unlocked while a game room is open. Thompson says El Fronteriso uses a magnetic lock to screen customers before allowing them inside and that the county’s rule increases the risk of armed robbery.
County officials argue that unlocked doors make inspections easier and prevent operators from delaying or blocking law-enforcement access.
Visiting judge assigned to the case
The case was originally assigned to the 237th District Court under Judge Les Hatch, who later recused himself. Visiting Judge Patrick Pirtle was then appointed to hear it, according to the county’s March response.
As of June, the lawsuit remained pending and no final trial date had been reported.
Meanwhile, the number of operating game rooms in unincorporated Lubbock County has fallen significantly. County records showed that nearly half the businesses operating the previous year had closed, surrendered permits or had permits revoked, Lubbock Lights reported.
El Fronteriso temporarily closed in April amid separate property-forfeiture proceedings. Misdemeanor ordinance charges against Thompson and an employee were later dismissed, although the forfeiture proceedings continued.
The agreed order offers only interim relief. A final ruling must still determine whether the county’s restrictions are valid and whether commissioners provided legally sufficient notice before adopting them.
