Paxton sues State Fair of Texas over gun ban

The Office of the Attorney General (OAG) has filed litigation against the City of Dallas and the State Fair of Texas over the latter banning attendees from carrying firearms at its 2024 event, following through on a threat made earlier in the month.

Earlier this year, the State Fair of Texas — a nonprofit corporation created by the City of Dallas — announced a policy prohibiting the carrying of firearms at this year’s event, to be held from the end of September to October 20. It’s the first time such a policy has been implemented; it comes a year after three individuals were shot at the 2023 fair.

Filed in Dallas County, the OAG seeks both temporary and permanent injunctive relief against the policy on Friday, appealing to 2021’s House Bill 1927, colloquially known as “constitutional carry.”

At its root, the lawsuit alleges that the City of Dallas cannot direct its police officers to violate state law by enforcing a policy the state says violates the existing law. The State Fair of Texas has maintained that while it uses public land, it is a private organization and may restrict the carrying of firearms therein.

“The exclusion of handguns from the State Fair is an illegal ultra vires act because it exceeds the legal authority of the officials of the City of Dallas,” the lawsuit asserts.

On August 14, the OAG threatened a lawsuit if the State Fair didn’t reverse course.

The lawsuit adds, “[I]f a license holder carries a handgun on property that is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under [state law].”

“The City of Dallas and/or Kimberly Bizor Tolbert as City Manager, through the officers of the Dallas Police Department should therefore be enjoined from enforcing any criminal trespass law against licensed carry holders — except in those situations where a licensed carry holder enters premises or a building within the State Fair where such premises are specially [prohibited].”

The OAG concedes that while some grounds within the state fair’s properties may prohibit firearm carry, anywhere outside those venues may not be restricted.

The suit reads, “While there are some premises or buildings within Fair Park where a license holder is prohibited under Tex. Penal Code Ann. § 46.03(a)(8) from carrying a weapon, such as certain premises or buildings within Fair Park when they are used for a high school, collegiate, professional sporting or interscholastic events, the vast majority of the 277-acre Fair Park in Dallas is not a place where weapons or firearms are prohibited.”

“The State Fair of Texas will continue to prioritize providing a safe and secure environment for our millions of fairgoers, as well as our staff, vendors, and volunteers,” a spokesman for the State Fair of Texas said.

“As a private, not-for-profit organization leasing Fair Park for our annual State Fair, we believe we have the right to make this decision and maintain that it is the correct decision to protect the safety of our patrons. Due to pending litigation, we will make no further comments at this time.”

State Republicans turned up the pressure on the State Fair to reverse course in a joint letter condemning the policy, but so far the organization has not given in.

The OAG has asked the court to be awarded with fees associated with the litigation and for a suspension of the policy before the event convenes next month.