Fair officials give up fight to ban gun show
Board members of a California fair have stopped trying to ban a gun show at their facility, settling a lawsuit brought by the Second Amendment Foundation on behalf of gun-show organizers.
"This is a victory for the First Amendment as well as the Second," said Alan M. Gottlieb, a founder of the Second Amendment Foundation.
"We're delighted the 22nd District Agricultural Association and fairgrounds board decided against prolonging a legal action."
At the time of the settlement, it appeared that the Del Mar Fairgrounds in San Diego County was headed for a court loss.
The case was filed by SAF, the California Rifle & Pistol Association, B&L Productions, Inc., Crossroads of the West, South Bay Rod and Gun Club, Maximum Wholesale/Ammo Brothers and five private citizens.
SAF was represented by attorney Don Kilmer.
"The gun culture belongs on Main Street and that is what this lawsuit was all about," he said.
Gottlieb argued gun shows are considered a First Amendment activity as well as a Second Amendment event.
"Unfortunately, due to the COVID-19 outbreak, we haven’t been able to see a show held at the fairgrounds, but we’re looking forward to hearing from the gun show promoter that a date is set for another gathering sometime this year, hopefully," he said.
The settlement, following a preliminary injunction against the fairgrounds moratorium, requires the defendant to pay SAF's attorney fees and costs, Kilmer said.
Last year, U.S. District Judge Cathy Bencivengo issued a temporary order to stop the Del Mar Fair Board from enforcing a moratorium on gun shows.
Disputes over gun rights typically center on the Second Amendment, which grants Americans the right "to keep and bear arms." This case, however, focused on the First.
The lawsuit was filed in U.S. District Court for the Southern District of California in San Diego shortly after the restriction was adopted at the beginning of 2019. At the time, Gottlieb called the fairground board's action as "an attempt to marginalize gun owners and exclude them from the public square."
He said he suspected it was an effort to drive gun shows from public venues altogether.
The complaint alleged the fair was placing "overly burdensome requirements" on those who want to hold gun shows there, imposing an unreasonable restriction on speech.
It alleged the fair purposefully violated the free speech rights of the plaintiffs and its actions constituted prior restraint on speech.
At the time, Gottlieb explained: "Crossroads has operated popular gun shows in California, including at the Del Mar Fairgrounds. These gatherings are more than just an opportunity to exhibit, buy and sell firearms, they are opportunities for like-minded citizens to meet and discuss gun safety, firearms politics and current or proposed firearms laws and regulations."
The "defendants are government actors who have discriminated against and intend to discriminate in the future against plaintiffs by denying them the same access to this public space as other lawful businesses. This discrimination is based on irrational public policies that are based on flawed reasoning and dubious conclusions relating to gun show operations," the complaint said.
The post Fair officials give up fight to ban gun show appeared first on WND.