The Office of the Attorney General (OAG) has threatened to sue over the Texas State Fair’s new policy prohibiting the carrying of firearms, and two lawmakers requested a legal opinion from the agency declaring such a ban illegitimate.
The State Fair of Texas announced a new policy prohibiting license to carry (LTC) holders from carrying firearms on the fairgrounds’ 277-acre premises during the 2024 event later this year. Last week, over 70 state lawmakers signed a letter calling on the state fair’s board to rescind the policy.
It is the first time the State Fair has implemented such a policy and it sparked a recoil from Republicans across the state.
“[Fairgoers are prohibited from] carrying all firearms, knives with blades over 5.5 inches long, clubs, explosive devices, ammunition, chemical dispensing devices, replicas or hoaxes, or weapons of any kind. This includes concealed carry and open carry of firearms anywhere on the fairgrounds including Cotton Bowl Stadium,” reads the new policy.
The policy likely stems from the shooting at last year’s event when three victims were shot by Cameron Turner.
The OAG sent a notice letter to Dallas Interim City Manager Kimberly Tolbert to scrap the policy lest the state bring suit.
“Texas law clearly states that license to carry holders may not be prevented from carrying a firearm on property owned or leased by the government unless otherwise prevented by state statute,” Attorney General Paxton said, announcing the intent to sue the City of Dallas if the policy is not rescinded in 15 days.
“The State Fair of Texas’s recent policy that infringes on LTC holders’ Second Amendment rights is unlawful. Dallas has fifteen days to fix the issue, otherwise I will see them in court.”
The letter states, “Regarding Fair Park, owned by the City of Dallas, our office recognizes that the Cotton Bowl and other buildings or premises located within or on Fair Park that would be used for a high school, collegiate, professional sporting or interscholastic events would be premises where weapons are prohibited.”
“However, the entirety, or vast majority of the 277-acre Fair Park in Dallas is not a place where weapons are prohibited under [state law].”
It continues, “Our office views this statement by the State Fair of Texas as an implication that the City of Dallas (a political subdivision of the state) is prohibiting a license holder from entering or remaining on premises or other place owned or leased by the City of Dallas in violation [of state law].”
The OAG stated it would seek penalties between $1,000 and $1,500 per violation per day should the policy not be eliminated.
At root, the issue is whether a local government may enact a firearm carry ban on public land but through a private entity — in this case, the nonprofit organization State Fair of Texas.
Two lawmakers have asked the OAG for a legal opinion addressing just that question, and it would have implications that stretch far beyond just the Texas State Fair.
A letter to the OAG from state Sen. Mayes Middleton (R-Galveston), vice chair of the Senate Higher Education Subcommittee, and state Rep. Dustin Burrows (R-Lubbock), chair of the House Calendars Committee, reads, “We write to you today seeking an opinion as to whether a local government can create gun bans, that would be otherwise prohibited under the law, by simply working through a 501(c)(3) or other private entity.”
“Specifically, whether the State Fair of Texas can lawfully deny law-abiding citizens their rights to carry, as they have recently proposed to do.”
Burrows announced he would seek the legal opinion earlier this week on Lubbock radio host Chad Hasty’s show.
The lawmakers add that the OAG’s 2016 opinion on a similar question leaves room for restrictions on an event’s ability to prohibit firearms if it’s “intertwined” with a political subdivision of the state.
Legal opinions are non-binding but are used as formal guidance on how a court is likely to rule on a question at hand.
Middleton and Burrows wrote, “The State Fair of Texas fact pattern gives rise to a set of questions. Is the not-for-profit-’operating jointly with a government entity?’ Does the entity have ‘an arms-length agreement to lease city property’ with the City of Dallas?”
Legal opinions may be requested by a select group of officials ranging from the governor to a legislative committee to a county attorney, and the House’s committee chair guide requires the request’s subject matter to pertain to the given committee.
But the OAG has responded to requests from a chair of an extraneous committee before, such as Burrows’ request during the COVID-19 pandemic-related emergency limitations on the sale of firearms.
