Ken Paxton’s Efforts to Overturn State Fair of Texas Gun Ban
Attorney General Ken Paxton’s attempt to block the State Fair of Texas’ gun ban has hit a roadblock, with a Texas appeals court denying his emergency request. The State Fair’s new firearm policy, which was ruled to be within the law by a Dallas County judge, will be allowed to stand. Paxton’s office swiftly appealed the decision to the 15th Court of Appeals, which handles cases involving the state or state agencies.
The state requested an emergency order to prevent the State Fair from enforcing the gun ban before the fair opens on Friday, but the court denied this request without providing an opinion. In response, a spokesperson for the State Fair of Texas expressed approval of the court’s ruling and stated that they believe their new weapons policy complies with the law.
In court documents, attorneys for the state argued that the decision to ban guns from Fair Park, where the State Fair is held, was an action taken by Dallas with the city officials’ consent, making it illegal. State law prohibits government entities from banning guns on government-owned or leased property, with certain exceptions for gun-free zones like schools and courthouses.
Paxton’s office had previously withdrawn a 2016 legal opinion that contradicted the state’s current stance on the issue. However, they now assert that the lease agreement between the city and fair organizers gives Dallas significant control over the State Fair, making the gun ban unlawful. They also pointed out that changes in state and federal gun laws, such as the Texas Legislature allowing permitless carry in 2021, have impacted the situation.
On the other hand, fair organizers maintain that the State Fair is a private nonprofit organization, not a government agency, and therefore has the right to ban guns from their event. They argue that the gun ban was implemented after a shooting incident that injured three people at the fair last year, emphasizing that it is a policy specific to the fair and not Fair Park as a whole.
In court proceedings, the fair’s attorneys criticized the state’s expert witness for not thoroughly examining the lease contract between the city and the fair organizers. They also defended the validity of Paxton’s 2016 legal opinion, stating that the state’s argument does not sufficiently explain how changes in gun laws invalidate that opinion.
Both the city of Dallas and fair officials have stated that Dallas was not involved in the creation or enforcement of the gun ban. The city declined to comment further due to ongoing litigation. It remains uncertain whether the state plans to appeal the decision, but Paxton hinted at the possibility of taking the case to the Supreme Court of Texas.
Overall, the legal battle over the State Fair of Texas’ gun ban highlights the complex interactions between private organizations, government entities, and state laws. As the situation continues to unfold, it raises important questions about the balance between public safety measures and individual rights in the context of firearms regulations.