A state appeals court denied on Tuesday Attorney General Ken Paxton’s request to block the State Fair of Texas’ gun ban policy.
The newly created 15th Court of Appeals in Austin ruled that the fair’s policy, which allows only peace officers to bring firearms to fairgrounds, can go into effect when the fair begins on Friday. The ruling comes shortly after a Dallas County district judge denied a similar request by Paxton.
“The trial court denied relief to the state, thereby forcing thousands of law-abiding Texans to choose: forgo a right guaranteed to them by the Constitution and recognized by statute or be excluded from a place of public accommodation,” Paxton’s said in a motion.
Paxton has argued that the fair’s ban violates state law, saying the ban was enforced through the city of Dallas and government bodies are barred from prohibiting weapons. He also expressed his intentions to take the case to the Texas Supreme Court on social media.
“The City of Dallas and the State Fair of Texas cannot nullify state law by banning firearms,” he wrote. “I will challenge this decision immediately in the Texas Supreme Court.”
Fair officials, on the other hand, applauded the 15th Court’s decision.
“The State Fair believes our new weapons policy is within the law, and we look forward to welcoming fairgoers on Opening Day of the 2024 State Fair,” she said.
The policy was presented a year after a fairgower shot and injured three people in last year’s fair. With the ban, officials hope to keep people safe at the fair.
Officials have argued that the ban is legal because the State Fair is a private nonprofit, and that the city of Dallas had no role in the policy.
“This case centers on private property rights and the interpretation of a specific statute, not gun rights,” State Fair of Texas attorneys said. “The key issue is whether a private entity that conducts an admission-only event on property leased from a city can prohibit firearms at its private event without state interference. That answer should be yes.”
