Texas Alcoholic Beverage Commission Denying Public Records Request re: Austin Area Card Room Raid, Closure

Submitted by C Costigan on

Written by :

C Costigan

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TABC

The latest chapter in The Lodge Card Club raid, bank account seizures and abrupt closure has the Texas Alcoholic Beverage Commission (TABC) denying a public records request to the owner of a self-described "irrelevant website", PokerFraudAlert (he's obviously being tongue and cheek with the labeling). 

But poker pro Todd Witteles may want to refer to Costigan Media vs. USA.

Costigan Media is the parent company of Gambling911.com and we won our legal challenge well over a decade ago whereby internet news outlets (everything from the likes of Gambling911 to Breitbart to HuffPost to PokerFraudAlert) were afforded the same rights as legacy media when making such requests.   

Considering PokerFraudAlert has been online since 2012, time in business certainly shouldn't be an issue. 

Witteles has been impactful within the poker industry for helping expose cheating scandals (like the Ultimate Bet “superuser” case).

In 2009, Costigan Media ("Costigan") moved to intervene in matters and to unseal documents relating to two seizure warrants associated with the Government's investigation of internet gambling that would ultimately lead to the closure of Full Tilt Poker and indictment of PokerStars.  The Government would go on to release the affidavit, albeit heavily redacted.

Witteles was seeking answers in regard to why the TABC raided and shut down the Round Rock, Texas poker club co-owned by poker pro Doug Polk. 

In the case of The Lodge, the TABC did provide media outlets with the affidavit pertaining to the early March raid that provided the following alleged violations: 

  • Texas Penal Code 71.02(a) - ENGAGING IN ORGANIZED CRIMINAL ACTIVITY
  • Texas Penal Code 34.02 - MONEY LAUNDERING
  • Texas Penal Code 47.03 - PROMOTION OF GAMBLING
  • Texas Penal Code 47.04 - KEEPING A GAMBLING PLACE
  • Texas Penal Code 47.06 - POSSESSION OF GAMBLING DEVICE, EQUIPMENT OR PARAPHERNALIA

Polk called it "a witch hunt" but the IRS involvement suggests this expands far beyond the realm of Texas authorities simply claiming such establishments are illegal.  They're not, based on a state loophole that allows “Membership fee” model, "grey" as it may be. 

Witteles appears to have gotten around the TABC denial. 

He tweeted

"I attempted to make a public records request from the Texas Alcoholic Beverage Commission on March 17, regarding The Lodge raid. They're trying to DENY these requests, asking for a ruling to suppress the information. Too bad for them I already have it."

You can read on his site here

"On March 25, 2026, TABC submitted a request for an open records ruling to withhold certain records responsive to the request. See Exhibit C. TABC notes it does not have some of the requested information. TABC also notes it released basic information to the requestors pursuant to section 552.108(c) of the Government Code. TABC asserts the remaining responsive information is excepted from required public disclosure under the Act and other laws excepting information from public disclosure. TABC submits the following arguments, as well as a representative sample of the responsive records, for your review and consideration.

"The responsive records in Exhibit B pertain to an ongoing criminal investigation. TABC asserts that release of this information would interfere with the detection, investigation, or prosecution of crime. Public disclosure of the information at issue at this stage of the investigation could result in the premature destruction of relevant evidence and inform potential witnesses of unreleased information that could impair the integrity of their possible future statements and/or testimony. A representative sample of the information at issue has been provided as Exhibit B.

"TABC recognizes that section 552.108 of the Government Code does not except from disclosure basic information about an arrested person, an arrest, or a crime. See Gov’t Code §552.108(c); Houston Chronicle Publ’g Co. v. City of Houston, 531 S.W.2d 177 (Tex. Civ. App.—Houston [14th Dist.] 1975), writ ref’d n.r.e. per curiam, 536 S.W.2d 559 (Tex. 1976); Open Records Decision No. 127 (1976). TABC has released this basic information to the requestor.

"Conclusion For the foregoing reasons, and any other compelling reasons identified, please find this exception from disclosure as requested. You may contact the TABC Records Management Office at (512) 206-3443 or records@tabc.texas.gov if you have any questions or need additional information. Thank you for your time and attention on this matter."

Witteles breaks down what is known about the raid thus far in a recently released video appearing below. 

The saga no doubt continues. 

  • Chris Costigan, Gambling911.com Publisher

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