A recent report by The San Antonio Express-News has revealed that Chicago-based attorney Mark Lavery is targeting Texas poker rooms, challenging what he views as their illegitimate operations. In his new lawsuit, Lavery brands these poker rooms as organized crime. He is primarily focusing on properties in his region, such as San Antonio’s Card House, which are part of a larger statewide trend.
According to Lavery’s lawsuit, the “illegal” status of card rooms hinges on gray area legislation that neither fully permits nor entirely prohibits their operations. Lavery aims to change this by challenging Chapter 47 of the Texas Penal Code, which leaves some room for interpretation regarding games played in “private spaces.” Lavery argues that what was once an exemption for friendly home games is now being exploited to open commercial card rooms in cities like Lubbock, Dallas, Austin, Houston, and San Antonio.
Card rooms have navigated these legal ambiguities by not charging rakes from the pot—a more profitable but legally risky practice. Instead, they charge entry fees, allowing players to compete freely. While this approach has garnered some acceptance, it has also drawn criticism. The state has benefited somewhat from these card rooms, as the clubs are willing to pay taxes to legitimize their operations.
However, Lavery contends that these establishments cause more harm than good. He argues that unregulated gambling can lead to severe issues, such as gambling addiction, strained relationships, and even suicide. Lavery explained:
“The public nuisance also causes harm to loved ones, like the Plaintiff, who have survived a loved one’s suicide or have to deal with the financial issues of loved ones who are exploited by criminal gambling like this one.”
Mark Lavery has consistently opposed gambling. The Chicago lawyer has challenged various forms of gambling entertainment, including fantasy sports betting and sports betting, in Texas—a state that remains hesitant to legalize gambling. Recently, he voiced opposition to efforts by Las Vegas-based companies to build a casino resort in the Lone Star State.
