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HIDALGO COUNTY DA WON’T TOLERATE 8-LINERS

Blame the proliferation of eight-liner machines on Texas’ 1993 “Fuzzy Animal Law.” At least that’s what some people are saying. Another good idea gone awry, the state law passed 22 years ago with the cutesounding name was meant to clarify that it was perfectly legal for traveling carnivals, amusement parks, to offer paying customers low-value prizes (cute stuffed animals) for games won. “Step right up….” That law, by the way, followed on the heels of the 1992 Texas law that legalized the state lottery, which promised to solve the state’s education-funding woes. TEXAS’ GAMBLING HISTORY In addition to the state lottery, Texas also licenses pari-mutuel wagering at horse tracks and greyhound tracks, but owners have to pay big bucks for a license, and in recent years, more than a few have gone bust, since the days they can operate are limited by the state. Some savvy Texas entrepreneurs over the years have tried to operate “casino cruises.” Two, in fact, operated out of South Padre in the late 1990s, but both went out of business for various reasons by the early 2000s. The gambling tables didn’t open until the ships entered international waters, but still no dice, pardon the pun. The income the boat and casino companies made off of the gambling didn’t cover the overhead. Even the Indian tribes in Texas tried to get in on the action. The Kickapoo Traditional Tribe of Texas, however, remains the only one still standing with its Kickapoo Lucky Eagle Casino Hotel in Eagle, Pass. Recently, in the Rio Grande Valley, gambling entrepreneurs have tried to circumvent the 1993 “Fuzzy Animal Law” by placing eight-liners, which are slotmachine- like devices, inside places of business, paying out cash prizes to lucky winners, hoping the law won’t catch on. On the surface, they hand out teddy bears (and other assorted fuzzy animals) to lucky winners. While under the table, they allegedly hand out cash prizes. In Cameron County, the scam worked for a while until two years ago, when county, state and federal law enforcement agencies started shutting down the so-called gambling dens, following an 18-month criminal investigation. Known as Operation Bishop, the criminal investigation shut down eight-liner establishments near La Feria, Harlingen and Brownsville, which culminated in the seizure of approximately 450 machines. At the time, it was estimated by law enforcement officials that approximately 200 eightliner joints were operating in Cameron County. Numerous arrests were made, including that of former Brownsville Mayor Pat Ahumada. The eight-liner presence in Cameron County, by the way, became a heated issue in the last DA’s race, which resulted in a new attorney, Luis Saenz, winning election in 2012. After the new DA assumed office in January 2013, he said publicly that he named his crusade Operation Bishop because he had heard that Daniel Flores, the bishop of the Catholic Brownsville Diocese, had been complaining that the eight-liners were cutting into the diocese’s parish bingo hall income and was having an adverse affect on his church collection plates. Since then, the eightliners have seemed to expand west into Hidalgo County and north into Brooks County (Falfurrias). Authorities last year and this have busted several eightliner establishments in both McAllen and La Joya. There are reports of numerous eightliner joints also operating in Starr County. LOCAL BUSTS Asked how he will handle the seeming growth of eightliner gambling establishments, Hidalgo County’s new District Attorney Ricardo Rodriguez said: “I can’t control who wants to own an eight-liner. You and I can own a crow bar. But if you use that crow bar to beat up on somebody or break into a home, then it’s against the law. So, if there are eight- liners being used here for gambling purposes, it’s against the law. And I’ve said it from day one, we’re not going to allow it.” Rodriguez said that if probable cause can show that eight-liner establishments are paying out monies, as opposed to “fuzzy animals,” his office will close them down. So far, this year, the Hidalgo County DA’s office has already shut down at least one near La Joya. “We worked on that one that got hit in La Joya. My chief investigator worked on that case, and we picked up 100 (eight-liner) machines there.” Along with approximately $25,000 in cash. “Our investigation was done undercover, and there was sufficient probable cause to show that they were paying out money.” Recently, the cities of La Joya and Sullivan City have started issuing permits for eight-liner businesses. But city officials say that if they discover the businesses are paying out cash prizes, as opposed to “fuzzy animals,” they’ll shut them down. In La Joya, the permit application fee for an eight-liner business is $2,500. The fee per machine is $1,000 per year. In Sullivan City, the permit fee is $3,000. Officials in both cities have said publicly that they expect such “entertainment” business fees will pump needed income into city coffers. District Attorney Rodriguez, however, remains skeptical as to the real purpose behind these types of businesses. “When you have people paying $2,500 for permits, along with the amount they have to pay (per machine,) we can speculate, and I think it’s fair to speculate, that they’re not just paying out teddy bears (fuzzy animals). If we have conduct an investigation, we’re going to do it.” By G. Romero Wendorf

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