Paxton Files Lawsuit Against Dallas, State Fair of Texas Over Fairground Gun Ban

The Texas attorney general previously gave the city a 15-day notice to repeal the gun ban announced by the State Fair of Texas.
Paxton Files Lawsuit Against Dallas, State Fair of Texas Over Fairground Gun Ban
Texas Attorney General Ken Paxton speaks at the Conservative Political Action Conference in Dallas on Aug. 5, 2022. Bobby Sanchez/The Epoch Times
Aldgra Fredly
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Texas Attorney General Ken Paxton on Aug. 29 filed a lawsuit against the City of Dallas and the State Fair of Texas over the fair’s new policy that bans the carrying of handguns within the fairgrounds.

The State Fair of Texas said on Aug. 8 that it would ban fairgoers from carrying firearms and any other types of weapons at the 277-acre (112-hectare) Fair Park fairgrounds in Dallas.

The ban includes both concealed and open-carry firearms “anywhere on the fairgrounds.” The updated policy does not apply to elected, appointed, or employed peace officers, the nonprofit organization said.

In his lawsuit, Paxton said the organization operates the annual State Fair of Texas at Fair Park under the lease agreement with the city of Dallas, which “expressly states that the agreement is governed by and construed in accordance with the laws and court decisions of the State of Texas.”

Paxton 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.

He requested that the court grant an injunctive relief to block the city or the organization from enforcing the “wrongful exclusion of handguns” at the fairgrounds. Paxton also sought monetary relief of up to $250,000.

“Municipalities cannot nullify state law nor can they avoid accountability by contracting official functions to nominally third parties,” the attorney general said in a statement.

“Neither the City of Dallas nor the State Fair of Texas can infringe on Texans’ right to self-defense.”

The suit stated that the gun ban constituted an infringement on Texans’ legal rights, noting that state legislation allows gun owners to carry firearms on government property unless a prohibition is explicitly stated by law.

The city government of Dallas responded by saying that it disagreed with the allegations, adding that “the city was not involved in the State Fair of Texas’ announcement of its enhanced weapons policy.”

“The State Fair of Texas is a private event operated and controlled by a private, non-profit entity and not the City,” the city said in a statement.

Paxton had earlier warned the city that the gun ban violates state law, specifically Texas Government Code Section 411.209(a), and gave the city a 15-day notice to reverse the ban at Fair Park.

The policy change was issued after a man opened fire at the fair last year, wounding three people, who suffered non-life-threatening injuries.

More than 70 Republican state legislators signed a petition on Aug. 12 opposing the State Fair of Texas’s gun ban, arguing that gun-free zones are magnets for crime.

The State Fair of Texas did not respond to The Epoch Times’ request for comment by publication time.

Katabella Roberts and The Associated Press contributed to this report.