TCAA/TML Legal Defense Program: Amicus Briefs and Comments Filed

TCAA, in conjunction with the Texas Municipal League, files amicus briefs and comments in support of cities on many issues. To keep up to date on the status of these issues, go to: https://www.tml.org/DocumentCenter/View/1474/AmicusBriefUpdate_011320.

Eight-Liners: City of Fort Worth v. Rylie, Cause No. 18-1231 in the Texas Supreme Court. TML and TCAA filed an amicus brief in support of the City of Fort Worth. Fort Worth passed ordinances regulating game rooms containing coin-operated machines. The game room owners challenged the Fort Worth ordinances on the grounds that the legislature preempted cities from regulating the machines in Chapter 2153 of the Texas Occupations Code. The Fort Worth Court of Appeals held that some portions of the ordinances were preempted but that Chapter 2153 did not preempt all of the provisions. Both parties appealed and the Supreme Court granted the petition for review. TML and TCAA filed an amicus brief in support of the city arguing that the legislature did not preempt cities with unmistakable clarity in the language of Chapter 2153. The legislature further demonstrated that it did not intend to preempt local governments by passing Chapter 234 of the Local Government Code, giving counties further authority to regulate game rooms. The letter brief was filed on January 9, 2020.