Attorney General Ken Paxton’s emergency request to block the State Fair of Texas’ gun ban was denied by a Texas appeals court. The court ruled that the State Fair’s new firearm policy could stay in place, as decided by a Dallas County judge during an injunction hearing last week. Paxton’s office immediately appealed this decision to the 15th Court of Appeals, which handles cases involving the state or state agencies.
The state had requested an emergency order to prevent the State Fair from implementing the gun ban before the fair’s opening on Friday. However, the court denied this request without providing an opinion on the matter. In response, a fair spokesperson stated that the State Fair of Texas supports the court’s ruling and believes that their new weapons policy complies with the law.
In court documents, the state argued that the decision to ban guns from Fair Park, where the State Fair is held, was made by Dallas with the consent of city officials. State law prohibits government entities from banning guns on government-owned or leased property, except for certain protected areas such as schools or courthouses.
Attorneys for the state emphasized that the lease agreement between the city and fair organizers was not an arms-length agreement, as the city significantly controls and finances the State Fair. They also pointed out that the laws concerning guns at both the state and federal levels have changed significantly, including the allowance of permitless carry in Texas since 2021.
On the other hand, fair organizers argued that the State Fair is a private nonprofit organization, not a government agency, making it lawful for them to ban guns after a shooting incident at the fair last year. They defended their position by stating that the ban is specific to the private event held at Fair Park for just 24 days each year.
Despite the ongoing legal battle, both the city and fair officials maintain that Dallas was not involved in creating or enforcing the gun ban. The city of Dallas refrained from commenting on the matter due to pending litigation.
It remains uncertain whether the state will appeal the recent decision, but Paxton hinted at the possibility of taking the case to the Supreme Court of Texas in his initial filing. The disagreement surrounding the gun ban at the State Fair of Texas highlights the complex legal issues surrounding gun laws and private event policies.
