Judge Denies Texas Attorney General’s Effort to Halt Fairground Gun Ban

Participants march in the annual Opening Day Parade at the State Fair of Texas in Dallas on Friday, Sept. 24, 2021. This year's fair opens Sept. 27. Lola Gomez/Dallas Morning News/TNS

A Dallas judge on Sept. 19 denied Texas Attorney General Ken Paxton’s effort to prevent the nonprofit organization, the State Fair of Texas, from banning fairgoers from carrying firearms this year.

Dallas County District Judge Emily Tobolowsky struck down the state’s request for a temporary injunction after agreeing with the City of Dallas and the State Fair, which had argued they could enforce a firearm ban as a private nonprofit.

The ruling came with just one week to go until the fair opens on Sept. 27.

Shortly after, Paxton informed the 15th Court of Appeals that he would appeal the ruling, according to a notice of accelerated appeal obtained by the American-Statesman.

Paxton initially filed a lawsuit against the City of Dallas and the State Fair of Texas on Aug. 29, shortly after the latter announced it was making several new additions to its “comprehensive safety and security plan” this year.

Those additions included banning fairgoers—including holders of a License to Carry, Constitutional Carry, and Concealed Carry license—from carrying all firearms at the fair.

The updated policy does not apply to current peace officers or qualified retired peace officers, the nonprofit said.

Paxton, a Republican, argued in his lawsuit that the ban violates state law, specifically Texas Government Code Section 411.209(a).

That law prevents state agencies in Texas from prohibiting licensed firearm holders from accessing property owned or leased by the government.

The Attorney General said Fair Park, where the event will take place, is owned by the city of Dallas while the State Fair of Texas leases the 277-acre grounds from the city over a 24-day period every fall.

That lease agreement “expressly states that the agreement is governed by and construed in accordance with the laws and court decisions of the State of Texas,” he said in the lawsuit.

Paxton further argued that Interim City Manager Kimberly Bizor Tolbert acted “without legal or statutory authority” by allowing the State Fair of Texas to prevent people from bringing handguns to city property.

Republicans, Paxton Say Fairgrounds Are ‘Magnets for Crime’

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

Paxton filed the lawsuit seeking an injunction after more than 70 Republican lawmakers signed a petition opposing the State Fair of Texas’s gun ban, arguing that it could make the fair less safe and that gun-free zones are “magnets for crime.”

City and fair officials have said the State Fair of Texas is a private nonprofit that leases the property from the city for its event, meaning it is legally allowed to decide whether or not to allow fair-goers to carry firearms.

Fair officials have also said the fair is not a government entity, nor is it controlled by one.

Just over a week before Tobolowsky’s ruling, Paxton withdrew a legal opinion from 2016 in which he stated that nonprofit entities have the right to ban firearms on public land that they are leasing from a city.

Billed as one of the “largest annual events in the world,” the State Fair of Texas fairgrounds feature a giant Ferris wheel, a maze of midway games, and livestock shows.

They are also home to the annual college football rivalry between the University of Texas and the University of Oklahoma.

The fairgrounds bring an estimated economic impact of nearly $500 million dollars to North Texas every fall, according to the State Fair of Texas’s official website.

The policy change regarding firearms was issued by the State Fair of Texas after a man opened fire at the fair last year, wounding three people, who suffered non-life-threatening injuries.

The shooter was arrested and charged with three counts of aggravated assault.

The Epoch Times has contacted Attorney General Ken Paxton’s office for comment.

Aldgra Fredly and the Associated Press contributed to this report.