A Dallas County district judge has dismissed Attorney General Ken Paxton’s request to block the State Fair of Texas’ new gun ban, allowing the policy to be enforced as the event begins next week.
Paxton sued Dallas and the fair last month because of a policy banning guns from Fair Park, excluding active and qualified retired peace officers. Previously, attendees with valid handgun licenses were allowed to carry concealed firearms at the fair, but Texas law no longer requires permits for public carry.
The suit claimed the new policy infringed on the rights of gun owners, arguing that the fairgrounds, as government owned property, should allow legal firearm possession under state law.
The fair’s new policy was presented after a man at last year’s fair shot and injured three people. With the weapon ban, fair officials believe fairgoers will be more safe.
In her ruling, Judge Emily Tobolowsky found no clear evidence that the new policy violated any laws, allowing the ban to remain in place for now. Mitch Glieber, president of the State Fair of Texas, expressed that the ruling was a victory for fair organizers.
According to the Dallas Morning News, Paxton is expected to appeal the decision. However, the AG’s office has few days to act, as the fair begins on Sept. 27.
Dallas city officials have maintained that the fair organizers acted independently in establishing the ban, and that the city played no role in its enactment.
“The State Fair of Texas is not an agent of the city of Dallas,” said Jim Harris, attorney for the State Fair. “The State Fair of Texas has not been delegated any governmental powers or authority by the city of Dallas.”
According to KUT News this decision comes about a week after Paxton’s office withdrew a legal opinion from 2016 that contradicted Paxton’s own stand and supported the fair’s.
If the fair’s gun ban takes effect, safety team members would ask fairgoers with guns of the policy and ask the person to return their weapon to their vehicle.
