Texas Attorney General Ken Paxton plans to appeal a Dallas County judge’s decision to allow the State Fair of Texas’ gun ban to take effect.
Dallas County district judge Emili Tobolowsky denied Thursday Paxton’s request for a temporary injunction, arguing the AG’s office did not provide sufficient evidence to demonstrate laws were broken with the new restriction.
According to the Dallas Morning News, state attorneys filed a notice the same day of the ruling to the 15th Court of Appeals. However, attorneys declined to comment to reporters whether they planned to appeal.
This would be one of the first cases heard in the 15th Court of Appeals, since the state Legislature created it last year. The court is composed of judges appointed by Gov. Greg Abbott.
The state requested an accelerated appeal, as the State Fair of Texas initiated this Friday Sept. 27 and will run through Oct 20.
On Aug. 8, state officials announced they would increase security and limit who would be allowed to carry guns into Fair Park. The decision was made after a man shot three people last year.
In previous years, the fair allowed attendees with a concealed gun and a license to carry it.
Paxton argued the new policy increased gun owners’ rights and that the ban was made by the city of Dallas through the State Fair. Under texas law, government entities can’t ban licensed handgun owners from government-owned property.
The fair has a lease agreement with Dallas to host the event, however, fair organizers have argued that the ban is enforced through the fair as a private, nonprofit organization.
“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.”
