With only a few days remaining before the Texas State Fair opens on September 27, a Dallas judge ruled that fair officials can enforce the new, controversial policy to ban guns on fair property.
In early August, Texas State Fair officials announced the updated policy banning all firearms, including those possessed by carry license holders, from the fairgrounds. This decision marks a significant shift from previous years, when licensed concealed carry was permitted at Fair Park.
Texas Attorney General Ken Paxton (R) immediately sent a letter to fair officials saying that the new gun policy violates Texas law, and if they don’t drop the ban he would sue the City of Dallas.
“Texas law clearly states that license to carry holders may not be prevented from carrying a firearm on property owned or leased by the government unless otherwise prevented by state statute,” said Paxton said. “The State Fair of Texas’ recent policy that infringes on LTC holders’ Second Amendment rights is unlawful.”
When Dallas refused to change the policy, Paxton filed a lawsuit to get the ban overturned. And on September 19, Judge Emily Tobolowsky of Dallas’ 298th District Court ruled that the fair policy was legal and officials could enforce the ban.
“Having considered the motions, all responsive briefing, any arguments of counsel thereon, and the evidence submitted, the Court determines that the motions and relief requested therein should be denied,” said Tobolowsky’s ruling. “It is therefore ordered that the Plaintiffs’ Verified Application for Temporary Injunction and Motion for Temporary Injunction, and all relief requested therein, are denied.”
The move by Paxton was based on the fact that, in 2002, the City of Dallas entered into a 25-year lease with the State Fair of Texas authorizing the nonprofit organization to take control of the governmental function of Fair Park during the 24 days of the annual event. Consequently, Paxton argued, the new carry ban directly violates state law, which permits gun owners with a License to Carry (LTC) to lawfully carry in places owned or leased by governmental entities unless otherwise prohibited by state law.
Judge Tobolowsky, however, agreed with the State Fair’s argument that it is a private, nonprofit entity that is only leasing land from the city, which gives it the freedom to enforce the policy.
The NRA was also involved in trying to stop the ban, with the NRA Institute for Legislation Action (NRA-ILA) sending a brief to Paxton pointing out that Texas already has laws in place to keep cities from instituting restrictive measures.
“The Texas Legislature has enacted a robust statutory scheme protecting the rights of law-abiding individuals to generally carry throughout the state for the defense of themselves, their families, and communities,” the brief stated. “This scheme enumerates specific public property where firearms may be prohibited and makes clear that political subdivisions may not expand upon these locations.”
Pro-freedom Texas legislators also weighed in on the ban, with a group of 71 Texas House Republicans and Republican House nominees sending a letter to the fair board of directors urging them to rescind the policy.
“We, the undersigned, write to you today, encouraging you to rescind your policy which bans law-abiding citizens from carrying firearms at the State Fair of Texas,” the letter stated. “While it may be that your new policy placates some, the result will make your patrons less safe.”
Paxton has not yet said publicly whether his office intends to appeal the ruling, so for now, firearms will be banned at this year’s fair; however, the Austin American-Statesman is reporting that it has obtained a notice of accelerated appeal of the case to the 15th Court of Appeals, which has statewide civil intermediate appellate jurisdiction and exclusive intermediate appellate jurisdiction over matters arising out of or related to a civil appeals brought by or against the state or a board, commission, department, office, or other agency in the executive branch of the state government.
This year’s Texas State Fair is set to run September 27 through October 20.
