Those of you who wrote this event off missed out on a lot of fun. Come out next year. I think you'll enjoy it, even without the gambling.

Writein..."People have FREE WILL to do whatever they want with their lives and their money."

Sorry, Writein. The people HAD a free will. No longer.

You want to play Texas Hold'em at Bootfest? Nope, ain't gonna happen because the DA says the legislature took away that freedom. You want to go on vacation and get on an airplane with your pocket knife in your pants? Good luck with that! You want to purchase your plane ticket with cash? Well, you still can, but you will be labeled as suspect and subject to extensive scrutiny. Because you paid with cash, your beloved government thinks you are probably a terrorist. Maybe your're going somewhere to pick up a car to drive back home and only bought a one-way ticket. Once more, you're labeled as a suspected terrorist and will be examinied closely before being allowed on the plane. How 'bout you aren't planning to fly but for whatever private reason you might have, you want to go to your bank and withdraw $10,000 in cash. Yeah, you can, but the bank's gonna report you to the feds. Maybe you wanted to buy a travel trailer and like to pay with cash. You know that part on each dollar bill that says it is legal tender for all debts public and private? Yeah, it is, but the government wants to know all about how you are spending it. You want to paint your garage door purple? You might not be able to if you live in a neighborhood with a homeowners association that decides on the colors garage doors are allowed to be painted.

It won't be long before your new smart electric meter tattles on you and says you are using electricity in excess of what it thinks you SHOULD be using for a house the size of yours and the cops come knocking with a search warrant because they think you might be using grow lights to raise a crop of wacky terbaccy. There are legislators who want to use GPS technology to track your car and tax you on how often you drive and how far you go.

I know this got off the subject of the card game, but you indicated Americans are still free to do what they want and, sadly, we're not.

Gary.
Who are you to judge one’s soul? You don’t have that authority and the authority of who will “go up in the air” or not. You display more ignorance than anyone. You are a “do nothing-er” as a lack for a better word. You see the problems in the world and want it to end, as in the world must end. I cannot speak for everyone on here and don’t want to, but that is nothing but laziness on your part. As for myself, I see the problems and I see opportunities. Unlike you, I preferred Hope and Faith, while you only offer depression, despair, and fear. Which also brings me to your earthquake prediction; if you have an ounce of knowledge you should know there have been earthquakes in Texas for years.
People have FREE WILL to do whatever they want with their lives and their money. This is the United States of America. We are a republic with democratic means. We are not Theocratic, which you support. If you want people to stop people from a drinking than, pray for them. Not for a storm to knock down bars etc. You should seek help about your depression.

A land of the free…nope sure isn’t. I would like to see a land free of religious doomsday-seeking arrogance.

Writein you will get your wish once the rapture takes place.

Remember how Bingo got started? Now that the state gets its part, it's ok.

Steve Tyler may be right when he says that the law forbids the poker tournement, but the fact remains that it's a BAD law and BAD laws should not be enforced. The state has NO business telling its citizens how they should (and more importantly how they should NOT) spend their money. That's THEIR money, not the state's and the citizens should be free to do with it what they wish even if some think it is foolish or (shudder) sinful. I absolutely HATE the nanny state that our American society has become. Government from the feds in DC to local school boards are telling citizens how they must act, what they may and may not do even when no one else is harmed. Politicians arrogantly tell us they know what is best for us. It is a shame that the very people we elect to represent us in our legislatures, to lead our states and federal government, the very people who should be promoting liberty, are so dead set on destroying it in this, what used to be, the land of the free. It does no good to petition the legislature. They have no interest in repealing bad laws. There simply aren't enough people who love liberty to vote out the politicians who destroy it.

Kash.

You are missing the point but ok...whatever.

I am pretty sure the law against gambling in Tx was created long before the Conservative Tea Party was formed. Instead of blaming this on some political group why don't we look at why this wasn't approved before all the hype.

It is amazing in a Conservative Tea Party state like Texas don’t want people to take “risk” with their own money, but yet shout at Washington about taxes and wealth redistribution. Plus I might add, there are more chances to win a poker game than to waste money every Wednesday and Saturday with Texas Lottery. A land of the free…nope sure isn’t. I would like to see a land free of religious doomsday-seeking arrogance.

I'll open with a pair of deuces and raise a nickle. (Gonna buy the pot)

Really, here in the heart of Texas we still get the vapors over a poker game? I understand the law, but there are folks that will travel a long ways just to pull a 5 cent slot and we worry about a card game.

I will bet $1 the Astros don't to the World Series this year. What are my odds for next year?

Land of the free? Yea sin free.

Thanks Steve Tyler for being the stick in the mud (so called) Be proud when they spit on you, they same happened 2000 yrs ago. Your carrer here might be over but I see a bright future ahead.

God Bless Gary White

http://www.youtube.com/watch?v=XsrU2d...

Here is what I think about it.....

Agreed...I don't think a "pot" paid out by the Boot Fest Committed to save face would not be out of order. Maybe a gift card to a restaurant or store etc...just to save face and give bragging rights to the winner when he partakes in the other backroom games being held around here in...
Besides, just think how much money has already been wasted on this event.

Familyman, I think you are right, not a bad idea, consider it "practice," and, under the law, if there is no buy-in, you can give prizes, it might be worth it, say $100 to the winner, to Bootfest or whoever to bring in 20, 30 players to vie for a hundred bucks; they are gonna spend at least that much at the festivities so it seems it would be a good investment; I mean how much are the advertising costs, etc.

Let them play for bragging rights and not money. No money= no crime. Problem solved!
But you can't charge any fees!

victorianbybirth, LOL, total agreement! Duke, you can't be serious. One hundred people were looking forward to an event that got cancelled due to legal reasons. How is that NOT news? Seemed like a very balanced story to me. I blame the City but others here blame the DA. The story presented both sides fairly.

This piece belonged on the editorial page if anywhere other than the comics. It's not just yellow journalism, it's worse. Clearly the Advocate is trying to worsen relations between the City and the DA as part of their ongoing DA vendetta. Will it never end? Will we ever see quality professional journalism and reporting in the Advocate again? Unlikely given the current management.

I was just telling my husband about the recent changes to BootFest...his question was how much money was wasted on this fiasco, I told him I did not know. He then said they would have been better spending the money on hookers & cocaine, at least somebody would've gotten some enjoyment out of it.

If the city is taking advance payment for the tournament entry fee, they are, in effect, holding the winnings, and I think there was something in 47.03 or 47.04 about 'holding' the winnings.

I think Legion is right. It's clearly a public event and if the City has that as a definition of a "public place" then the event was NOT taking place on private premises. It's a shame we don't have a City Attorney that couldn't foresee that issue, couldn't foresee how the DA was going to come down on it, couldn't UNDERSTAND Attorney General Opinion No. GA-0335*, couldn't read or understand the controlling statute. It's called PREPARATION. Guy's a lawyer, right? *I am assuming he read the AG Opinion and the statute, that's just like putting on your socks in the morning. However, in light of the statement that the City is GOING TO ask for an AG Opinion, I mean, who knows?

I don't think the entry fee/payout or even the processing fee is the sticking point on this tournament.

"a legal defense against the prosecution if the promoter is doing so in a private place." That is what is relevant.

As the city explained concerning the smoking ban, any business, even though privately owned, that is open to the public, is considered a public establishment and subject to the ban.

You can't have it both ways.

Controlling law. Attorney General Opinion No. GA-0335. Too bad this wasn't read before. Oh, I have an idea, let's ask for an Attorney General opinion. Brainless.

I see your point on the processing fee Jlord. That would be worth looking into.

It just looks bad that the DA quotes the law and the City Attorney "declines" to do so. Like two lawyers show up in court, one is prepared, one is not. I have asked the Advocate to print the letter from the DA. There is a rumor there are 2 letters, one saying it was OK, then one reversing the first letter. I guess we will all see. I don't have inside info.

I disagree with your opinion on the lack of character or leadership. If this was a private citizen or business issue I would agree, but the fact that it's an issue concerning the city then I think erring on the side of caution was the right call. Think about what it would be like if they didn't. There are already a lot of folks on this site that think the city council is made up of a bunch of "cowboys" and "loose cannons".

The point I was making is that you are accusing the city of not doing their due diligence and yet you have no proof of that. Other than the opinion of the DA on the statute and your opinion of the city. Unless, I am wrong and you were actually on the planning committe or you asked the city directly if they researched the law and they said no.

Yes Lordtree just another indication of the lack of consideration given the event, seems the City Attorney is just going whichever the wind blows. He clearly did not come to this idea on his own but said "yes" when someone (Bootfest) wanted to do it then "no" when someone else (DA) said he couldn't.

holein1, the $3 sure sounds like a cut to me. Especially since it does not cost anywhere near that to process transaction.

Hmmm. I'm not sure about the private / public thing. I think by sending out public invitations, having it held during a very public event, it, at the very least, skirts the issue. Not sure about the $3.00 surcharge either. Understand that 100% of the $100 was to be distributed but who got that $3.00? Seems like a rake to me. Also, my point isn't really who is right or wrong but the City Attorney, if he truly believed this was legal, should have stuck to his guns and gone forward. He gave the City advice that MIGHT BE valid but he allowed an equal, I mean they are both presumably capable lawyers, veto him. This indicates a serious lack of leadership at the City level. It indicates a serious lack of preparedness. Was this not foreseeable? The City Attorney should have been able to defend his decision or made a better decision rather than let others make this decision for him. It shows a genuine lack of character and thoughtfulness.

juror, it was to be held in a private business, not a city/public owned venue. You're right, it's not the DA's job to point out wrongdoings before they happen, but he does in certain instances. Take the signs around town in businesses that warn people about consequences of writing hot checks. It just seems to me that it would have been a nice thing, heck neighborly even, to give this opinion last year when this was announced and planned.

Holein1, it's a public venue, not a private place. Also, it's not incumbent on the DA to point out wrongdoing before it happens. You think he walks up to gangbangers and says, you know if you shoot that dude and he dies, it's murder. You know that, right? The City Attorney tried to put on an illegal tourney. If Tyler were REALLY vindictive, he would have let it happen, THEN brought prosecution against City officials who fail to comprehend statutes and Attorney General opinions already on the books.

Will, where did you hear that Main will be closed for repaving?

Here's the law cited by Tyler:
"It is a defense to prosecution under this section that:
(1) the actor engaged in gambling in a private place;
(2) no person received any economic benefit other than
personal winnings"

http://law.onecle.com/texas/penal/47....

It is my understanding that as long as the city does not make a "cut" of the pot and the players are not given a fee to play but only make money from their winnings, then it is legal.

I'm not really sure what Mr. Tyler's motivation is. Based on his earlier dealings with the city I could guess that it's a personal vendetta against the City of Victoria and has little to do with the legality of the game.

Mr. Tyler had more than adequate time to consult with the city, the planning committee, and/or issue his opinion, but purposely chose to wait until the last minute to insure that the city would have no other option but to cancel the game.

Hey, Will, Main Street will be closed for re-paving during the Bootfest. LOL. Did we elect these guys or what? This isn't looking to be just a bomb, it looks like it's going to be a cluster f-bomb. If these "decisionmakers" worked for Stripes, they would have been fired a looongg time ago.

Dont forget, main street will be closed for re-paving during the "fest". I cant wait to go get some black tar on MY boots. The smell of fresh paved asphalt is one of my favorite smells.

Yea, taxpaying, you can't really blame Tyler for DOING HIS JOB and READING THE LAW. You can look at the City Attorney for his failure to read and comprehend the gambling statute and settled law and his failure to give the City good, solid legal advice without going to "outside counsel" for $500.00 an hour. Think about, hey Thomas Gwosdz, can we legally hold this tournament? Sure. Then, why, when confronted by his COLLEAGUE, does he fold up tent? Did he not have confidence in his own advice? Poker players would get hit with a Class C misdemeanor but the ORGANIZERS would face much higher penalties. It's a lack of leadership from the City Attorney's office.

So.... if I call "in advance and get cooperation" then I can break the law? Bottom line is, Dewitt County does not have the "Tyler Syndrome" to deal with.

Yeah city attorney dropped the ball, and the convenience fee would be problematic if you ask me. Even if you calculate the payment fee from the credit card, which is it .23 now, the city is profiting from a fee from this tournament, which is illegal. There is a way to do this tournament legally. I like the comment TSK asked....how much is this whole fiasco costing us?

I remember back in the day when they were gambling ( they being the Sheriffs Department) at Kupps Body Shop, nothing was said then. Wat up with that, Good ole Boys having fun.

Cuero got away with it because there was ADVANCE co-operation among all parties involved. Gee, City Attorney, maybe pick up the phone and call ahead? I love his comment, well at least he let us know a week ahead instead of the day before. Just the mere fact that the City put itself and a hundred poker players and their money at that kind of risk without being diligent ahead of time illustrates the meaning of the phrase "leading from behind." Bankrupt leadership from the City Attorney's office, again. Good luck, bootfesters.

Bootfest ought to be called Boozefest. I hope it will all be cancelled. What a waste of money! And for what?

How did Cuero get away with this? When will the arrests in Dewitt County take place?

I'd love to know what Randy Vivian thinks of all of this. He still had Bridgette Bise under his care and control when she claimed to be making all these plans, and began the publicity on Bootfest. He has been so very quiet right lately.

The city is trying to make lemonade out of the lemons Bise left them with, but it's a pretty big task. She really did a number on those folks who trusted her.

Victoria...where the toothless show their "class". Way to go!!! Now y'all get your self's down to church and beg for forgiveness. Oh BTW the collection can will be making its way around. Be sure and DONATE legally...

That's what you get when you elect a martinet for DA.

1. BBQ Cook-off canceled
2. Poker Tournament canceled.
3. Anyone want to place a bet this will be the first annual and last annual Bootfest?
4. I wonder how much money has been wasted on this. It sounds like an Armadillo Fiasco in the making.

Two things strike me. One, the District Attorney cited the legal authority for his decision; the City Attorney failed to do so. Two, asking the Attorney General for his opinion is simply cover for the fact that the City Attorney FAILED to do his job. The Attorney General has ALREADY issued a legal opinion that says tournaments of this type are illegal. So, because the City Attorney failed to do his due diligence, he has wasted the time (and money, short-term) of about a hundred poker players, the Office of the County District Attorney and now he wants to waste the time of the State of Texas Attorney General to answer a question that, frankly, has already been "asked and answered." Someone needs to introduce the City Attorney to the concept of legal research. Oh, wait, we need to hire an outside law firm at $500.00 per hour for do that for him.

el69runner,
Too late for that, this thing is guaranteed to be an embarrassment. I hope I can put money on that bet.

Is the blackjack tournament still on? Maybe they,ll just play strip poker!!!!! the bingo tourney is still on.

True, but hey the bootfest organization people may not have asked...hmm? The $3 fee sounds suspicious. Especially since people dropped it off by check. To me the fee in general makes it illegal. Processed by CC or not. Sounds like they charged the fee regardless if they received 10,300 and 100 registrants, yet some dropped off checks?

Thanks, how long has this been in the making...
Tyler cited Texas Penal Code Section 47.02 subsection B as the legal basis for his argument.
Didn't city officials meet/coordinate with Victoria County District Attorney Stephen Tyler before even thinking of doing this...
Maybe, Tyler, who said he volunteered his legal opinion to the city should have done his volunteering prior to the decision to hold this event to prevent this embarrassment..

Up next... Bootfest cancelled. *Crosses fingers*

Land of the free?