Judge allows Texas State Fair’s gun ban to stand for now

DALLAS (Texas Tribune) -- On Thursday, a Dallas County District Court struck down Texas Attorney General Ken Paxton's request to temporarily block the State Fair of Texas’ new policy banning all firearms from its fairgrounds.

After a two-hour hearing in the District Court, Judge Emily Tobolowsky agreed with state fair officials that they could enforce a gun ban as a private nonprofit.

Last month, Paxton sued the city of Dallas and state fair officials over the new policy. Texas lawmakers also signed a petition pressuring State Fair officials to rescind it, saying the new policy makes the fair less safe.

Fair and law enforcement officials announced the gun ban last month, roughly a year after a gunman opened fire at the fair, injuring three people. The fair also announced it will have cameras at entrances for the security process and will not provide lockers or bag checks for larger bags. The fair starts next week.

Paxton wrote in his lawsuit that since Fair Park is owned by Dallas, the nonprofit's policy change violates state law, which allows licensed gun owners to carry in places owned or leased by governmental entities, unless otherwise prohibited by state law. Texas law establishes that schools and courtrooms are considered gun-free zones and allows others, like amusement parks or educational institutions, to institute their own bans on firearms.

“Neither the City of Dallas nor the State Fair of Texas can infringe on Texans’ right to self-defense,” Paxton wrote in his statement announcing the lawsuit.

The City of Dallas disagreed with Paxton’s allegations in a statement before the Thursday hearing.

“The City was not involved in the State Fair of Texas’ announcement of its enhanced weapons policy,” a Dallas spokesperson said in a statement. “The State Fair of Texas is a private event operated and controlled by a private, nonprofit entity and not the City.”

Dallas owns Fair Park, where the annual event takes place, but State Fair of Texas, a nonprofit organization, takes over operations of the park and various city buildings and walkways within the property during the 24 days of the annual event, per a 25-year agreement between the two.

A week before the hearing, Paxton withdrew an eight-year-old legal opinion that gave private nonprofits the green light to ban guns on land they lease from a city.

It’s unclear whether Paxton will appeal the decision.

This article originally appeared in The Texas Tribune at www.texastribune.org. The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans – and engages with them – about public policy, politics, government and statewide issues.