Editor’s Note: After losing arguments in both a Dallas district court and a state appeals court, Texas Attorney General Ken Paxton took his challenge of the State Fair of Texas’s gun policy to the Texas Supreme Court on Wednesday. Late Thursday night, the Texas Supreme Court declined Paxton’s petition, allowing the State Fair to enforce its ban on firearms. Justice James Blacklock responded to the petition, stating that the court could not order the State Fair to allow handguns when the State’s argument didn’t challenge the Fair’s legal authority to exclude them. Despite this setback, Paxton announced on Friday morning that he intends to continue fighting the ban and will work with the state legislature to protect Texans’ rights to carry on public property.

With the Texas State Fair set to open on Friday, Texas Attorney General Ken Paxton is still working to ensure lawful Texans can protect themselves at the month-long event.

In early August, Texas State Fair officials announced an updated policy banning all firearms, including those possessed by carry license holders, from the fairgrounds. This decision marks a significant shift from previous years, when licensed concealed carry was permitted at Fair Park.

Shortly after the announcement Paxton told fair and Dallas officials that the ban was illegal and that his office would sue the city of Dallas if it wasn’t dropped. Paxton subsequently sued the city, but on September 19, Judge Emily Tobolowsky of Dallas’ 298th District Court ruled that the fair policy was legal and officials could enforce the ban.

“Having considered the motions, all responsive briefing, any arguments of counsel thereon, and the evidence submitted, the Court determines that the motions and relief requested therein should be denied,” said Tobolowsky’s ruling. “It is therefore ordered that the Plaintiffs’ Verified Application for Temporary Injunction and Motion for Temporary Injunction, and all relief requested therein, are denied.”

On Monday, Paxton’s office filed an appeal with the 15th Court of Appeals asking for an emergency temporary injunction to stop the fair’s policy from being enforced while the issue is settled in court.

“The City of Dallas and the Texas State Fair are not above the law, and we are seeking emergency relief to uphold Texans’ Constitutionally-protected Second Amendment rights,” Paxton said in a released statement. “The State Fair’s policy—by which law-abiding citizens could not defend themselves—does not make the environment safer, it merely gives an advantage to criminals looking for victims.”

The latest move by Paxton was based on the fact that, in 2002, the City of Dallas entered into a 25-year lease with the State Fair of Texas authorizing the nonprofit organization to take control of the governmental function of Fair Park during the 24 days of the annual event. Consequently, Paxton argues, the new carry ban directly violates state law, which permits gun owners with a License to Carry (LTC) to lawfully carry in places owned or leased by governmental entities unless otherwise prohibited by state law. 

The motion for relief filed by Paxton with Texas’ 15th Appeals Court argues that despite the Dallas judge’s ruling, the state law is very clear.

“The Texas Legislature could hardly have been clearer: ‘[A] political subdivision of the [S]tate may not take any action … that states or implies’ that a law-abiding Texan ‘is prohibited from entering or remaining on a premises or other place owned or leased by the governmental entity’ just because that person is carrying a handgun,” the motion stated. “Nevertheless, the City of Dallas is attempting to do exactly that.”

In the end, Paxton’s office is asking the Circuit Court to step in and quickly grant a temporary injunction against enforcement of the carry ban before the fair opens on Friday.

“As the prohibition of handguns on the majority of Fair Park and its walkways is without legal authority and is contrary to our state constitution and state statutes and because residents or citizens cannot be charged with criminal trespass under our Texas Penal Code for entering in or remaining in the majority of the premises or buildings within Fair Park and the sidewalks, walkways, parking lots or parking areas within Fair Park … the court has statutory authority to enter a temporary injunction,” the brief concluded. “In addition, or in the alternative, as the State Fair is scheduled to open September 27, 2024, the State of Texas submits that imminent harm and irreparable injury will result if the court does not grant a temporary injunction, in advance of September 27, 2024, and that there is no other adequate remedy at law.”

RELATED ARTICLESMORE FROM AUTHOR

64 COMMENTS

    • “Just like the worst diseases the Left never gives up”

      So you’re suggesting the Texas judiciary, including their appeals court and Supreme Court, are part of “the Left”?

      How about admitting they are following the United States Constitution rather than serving Ken Paxton’s political grandstanding.

      They talk about ‘private property rights’ but when it comes to folks who pay the lease doing something the conservatives don’t like, the Republican conservatives can’t help themselves from making false claims regarding the facts.

      They just don’t understand the First amendment guarantees speech is free, but the fact is, lies you gotta pay for:

      “Newsmax is pleased to announce it has resolved the litigation brought by Smartmatic through a confidential settlement,” Newsmax said in a statement posted to their website.

      In a statement, Smartmatic said they are “very pleased” with the settlement, and referenced to their ongoing case against Fox News.

      “Lying to the American People has consequences,” the statement said. “We are now looking forward to our day in court against Fox Corp and Fox News for their disinformation campaign. Smartmatic will not stop until the perpetrators are held accountable.”

  2. Simple solution – violators would be charged at state level, so just dismiss the charges when the cases come up, much the same as other states do when refusing to go after gang bangers,illegal”immigrants”, and any other favored status groups.

  3. The vendors at the State Fair are going to be very unhappy because this is probably going to drop their attendance by 20%.

  5. Criminals and busy bodies win, citizens lose. Obviously your 2A Constitutional Right attribute is clearly not welcomed. And by the same token Defining Gun Control by its History for the court and the public was not welcomed.

    The result is the continuation of a mindset when Catholics, Indians, Jews, Irish and cotton picking slaves were by their attributes not welcomed.

    • You forgot the Mexicans. California enacted gun control laws banning various kinds of quick deploying knives (switch blades e.g.) because Mexicans were known for carrying them–and worse yet, knowing how to use them.

  6. “the City of Dallas entered into a 25-year lease with the State Fair of Texas authorizing the nonprofit organization to take control of the governmental function of Fair Park”

    Yep, the city of Dallas voluntarily relinquished control when they entered into a lease with the State Fair of Texas , a nonprofit corporation.

    If a government entity had wanted to control what happened on the property, then they should not have entered into a 25 year lease and voluntarily relinquish control in exchange for payment.

    It’s not surprising Ken Paxton is ignoring contract law and trying to have his way, its just political grandstanding.

    And Paxton is even going back on his own agreements, hypocritical behavior by public officials:

    “A week before the Dallas District Court hearing, Paxton withdrew an eight-year-old legal opinion that allowed private nonprofits to ban guns on land they lease from a city.“

      • Simply Google search the quotes that I provided, the first quote is directly from the article above. The second quote is from an article discussing the recent appeals court denial of Paxton‘s claims:

        “Appeals court says Texas State Fair can ban guns

        Attorney General Ken Paxton asked for a Tuesday ruling to give the Texas Supreme Court time to weigh in, if needed.

        BY JUAN SALINAS II
        SEPT. 24, 2024
        5 PM CENTRAL”

        • “Yep, the city of Dallas voluntarily relinquished control when they entered into a lease with the State Fair of Texas , a nonprofit corporation.”

          no. false.

          they gave the state fair equivalence of ‘renters rights’, not “voluntarily relinquished control”.

          • “they gave the state fair equivalence of ‘renters rights’”

            So you’re saying, if someone rents a public venue in Texas, perhaps for a wedding or other family event, they can’t prevent people from bringing guns to the wedding reception?

            Talk about your government overreach, once again we see the foundational hypocrisy of the conservative cult.

            I can tell you, I thank Providence above that the Supreme Court agrees with me.

            • “So you’re saying, if someone rents a public venue in Texas, perhaps for a wedding or other family event, they can’t prevent people from bringing guns to the wedding reception?”

              never said or implied any such thing.

              learn what context means Miner49er.

            • “I can tell you, I thank Providence above that the Supreme Court agrees with me.”

              idiot. no court agrees with you. you obviously don’t understand the decision.

              learn what context means Miner49er.

              • “idiot. no court agrees with you. you obviously don’t understand the decision”

                Really? So you’re saying the Texas Supreme Court granted Attorney General Ken Paxton‘s motion and the state fair of Texas will not be able to ban the carrying of firearms on the fairgrounds?

                Fascinating.

                “The State Fair of Texas opens with a new gun ban after courts reject challenge
                BY JAMIE STENGLE
                Updated 5:29 PM EDT, September 27, 2024

                DALLAS (AP) — The State Fair of Texas opened Friday under a new firearms ban, having withstood weeks of pressure from Republicans who had charged into a public rift with one of the state’s most beloved institutions and have spent years championing looser gun laws.

                Organizers put the ban in place following a shooting last year that injured three people and sent some fairgoers running and climbing over barriers to flee. By the time thousands of visitors began streaming through the gates in Dallas on Friday — greeted by a roughly five-story tall cowboy statue known as “Big Tex” — the state’s highest court had rejected a last-minute appeal from the the state’s GOP attorney general, who argued the ban violated Texas’ permissive gun rights.“

      • Only an idiot visits Google.

        End of the month – Minor must not have reached his quote for of word vomit fo the month. No bilge/no Soros bucks.

    • Read the appeal. I added the direct link above. The opinion was withdrawn because the legislature changed the law AFTER the opinion was issued, making the opinion no longer valid.

      The contract you so badly wish had precedence is in direct violation of state law. IANAL, but that would seem to make it (or at least those portions of it) NULL and VOID.

      • It will be interesting to watch this play out in the courts.

        “The Dallas Cowboys. You can watch them play at ATT Stadium, but guns are not allowed.“

        AT&T Stadium is owned by the city of Arlington, I wonder why Ken Paxton has not brought a court action against the Dallas Cowboys for banning handguns in the stadium?.

        The AG really needs to file a suit against the city of Arlington and the Dallas Cowboys soon.

        Otherwise, the folks at state fair of Texas could raise the issue of ‘selective prosecution’.

        I wonder how many NFL teams will continue to play in AT&T Stadium when Ken Paxton overturns their handgun ban.

      • “The contract you so badly wish had precedence is in direct violation of state law”

        You could not be more wrong, in fact you’re diametrically opposed in your error.

        The law you so badly wish had precedence is in direct violation of the contract.

        As it turns out, the highest courts in the State of Texas concur with my opinion.

      • “No private contract can negate the Bill of Rights“

        That is an interesting claim, I wonder what the United States constitution says about contracts.

        “Article I, Section 10, Clause 1:

        No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.“

        So in pertinent part the founding fathers are saying:

        “No State shall… pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts“

        Interesting, no state can pass a law impairing the obligation of contracts.

        So I guess the question is, does the state fair of Texas have a contract giving them control of the venue?

        • Are you suggesting that any City could create a contract giving local government authority to a private organization and that contract would protect the organization from having to comply with any future state laws?

          What the actual f…? You are out of your mind. A contract between a city and a private entity in no way shields either form complying with state laws.

          • Hey man, I didn’t write the constitution, I just presented it here for entertainment value.

            “No State shall… pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts“

            You tell me what that means…

            • “Hey man, I didn’t write the constitution, I just presented it here for entertainment value.”

              troll

              • “troll“

                I post the facts of the situation, supported by citations and/or the actual source documents.

                You reply calling me an idiot, and deny the actual facts of the situation.

                My friend, it is you who is the troll.

                And regardless of your claims, I’m willing to bet you don’t try to carry your firearms into the state fair of Texas this year.

  7. Gotta do some research. Just how many uses of firearms have been recorded at the Texas State Fair? DGUs, NDs, targeting a victim, gang violence, etc.

  8. You know what’s the most Texas thing? The Dallas Cowboys. You can watch them play at ATT Stadium, but guns are not allowed.

    The city of Arlington provided 325 million in bonds to help pay for it. Despite government involvement, the gun ban is in place AND RESPECTED without complaint.

    • All 325 Million will be paid back someday when we take back our country. And justice will be served on the oathbreakers.

  9. Handguns and other weapons are prohibited in these places:

    Secured areas of the Airport
    Courthouse
    Polling places on any voting days
    Schools
    Places of business with visible signage prohibiting handguns
    Business permitted by TABC that derives 51% or more of its income from the sale of alcohol
    High school, college, interscholastic, or professional sporting event unless the person is a participant and the event involves use of the weapon
    Correctional facility; civil commitment facility, hospital, nursing facility, or mental hospital
    Amusement park
    A room(s) where an open governmental meeting is occurring

    • While all of that is true, that law applies to ‘private property’.

      The fairgrounds are property of the city of Dallas so one could make the argument they were public property so this law does not apply.

      But the public property was leased to a private nonprofit.

      Yes, it should be interesting as this moves through the jurisprudence system.

      I’m just wondering why Attorney General Ken Paxton or any gun rights group hasn’t sued the Dallas Cowboys about their handgun ban in the AT&T Stadium, which is also public property being owned by the city of Arlington.

      Smells like… ‘Selective enforcement’

      • The cowboy gun ban is double redundant anyways. The Texas carry law already prohibits carry in that location. If the law didn’t say sporting events were “NO GO” then I would say Paxton should pursue. You are missing the point that the Fair isn’t a NO GO location per the law. The two locations are not the same scenario, it isn’t selective enforcement.

        • Interesting point, thanks!

          The State Fair of Texas may come under the same law, are there usually fireworks as part of the celebrations there?

          “But even if the statute were upheld, the law included exceptions listing properties at which a firearm could not legally be kept in a parked vehicle. These places included properties like nuclear power plants, schools, and “property owned or leased by an employer who has obtained a permit required under 18 U.S.C. s. 842 to engage in the business of importing, manufacturing, or dealing in explosive materials on such property.”

          Many theme parks, including Disney properties, do hold federal licenses obtained under 18 U.S.C. §842 because these theme parks frequently use explosives and pyrotechnics in their shows and exhibitions.“

          In any case, I think the United States Constitution is the controlling authority:

          “Article I, Section 10, Clause 1:

          No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.“

          So in pertinent part the founding fathers are saying:

          “No State shall… pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts“

  11. So who is going to pay for the metal detectors and security personnel to man them and confiscate any firearms coming into the fairgrounds?
    Are the officials running the fair going to frisk everyone going into the fair? If not, how are they going to stop Juan, Ray-Ray or Billy Joe Jim Bob from tucking a weapon into their waistband or pocket before arriving at the gates?
    As usual, the ban on firearms will do nothing to prevent the criminal elements from arming themselves. All such bans do is disarm the law abiding and take away their right and ability to defend themselves from the still armed criminals.

  12. I find this fascinating, Ken Paxton‘s political showboating should be condemned by the folks in Texas because it is an intentional distraction from his participation in a murderous conspiracy that has cost the lives of hundreds of Texas

    Attorney General Paxton has received hundreds of thousands of dollars from the Texas fossil fuel industry, who it turns out, are responsible for causing the death of hundreds of Texas citizens:

    “Lawsuits allege deadly 2021 Texas blackouts were an inside job
    BY SAUL ELBEIN 09/24/24 12:50 PM ET

    Deadly blackouts that killed hundreds of people across Texas in 2021 — which have been widely blamed on failures to properly insulate gas pipelines — may have had a more nefarious cause, a new lawsuit alleges.

    Over the past three years, a wave of new data — and lawsuits — have made the case that the outages were, in fact, a result of market manipulation by some of Texas’s biggest fossil fuel companies.“

    The death toll over the intentional mismanagement in Texas is somewhere north of 240 Texas citizens, but you can bet your sweet ass Attorney General Ken Paxton won’t say a word, he’s been paid to keep his mouth shut:

    “Paxton’s second-largest donor was Doug Scharbauer, who contributed $250,000. Scharbauer is a Midland oil mogul who is a regular major donor to Texas Republicans.

    Paxton’s other six-figure donors included two other Midland oilmen, Tim Dunn ($150,000) and Kyle Stallings ($100,000)“

    • … but no mention of Texas Majority PAC, whose main donor George Soros has written multiple million dollar checks in an effort to swing Texas blue.
      Do you only drive on one-way streets too, Miner?

      • “George Soros has written multiple million dollar checks in an effort to swing Texas blue“

        Yes, thanks to the conservatives’ Citizen United decision, Mr. Soros can support political causes he favors with any amount of money he chooses.

        To compare him exercising his First amendment rights with the graft and corruption of Ken Paxton and the fossil fuel industry in TX is laughable.

        The fossil fuel industry has donated millions to Texas politicians, “including the governor, attorney general, and the state’s chief oil and gas regulator. Unlike some states, Texas does not limit the amount contributors can give to political campaigns.”

        That’s why over 240 Texans died because the fossil fuel industry failed to prepare for the cold wave, the industry paid millions directly to the state’s chief oil and gas regulator to look the other way.

        Turns out it’s a choice, we can get rid of ‘job-regulations’, but then we end up with people-killing deregulation.

        And climate change is a bitch, especially if you’re not prepared for it. Just ask those unfortunate folks in North Carolina.

        • Even if it’s true that 240 people died due to the Texas Fossil Fuel Industry, that number pales in comparison to the number of murders that have occurred as a DIRECT result of Soros supported DAs who refuse to arrest and charge repeat felons of their crimes of violence, allowing them to commit additional felonies – some on the same day of their release. First Amendment Rights, eh Miner?

          • “Soros supported DAs”

            Most of those positions are elected offices, where the local population has their say in selecting the candidates and the eventual officeholder.

            George Soros has only one vote, the citizens of the various jurisdictions where those DAs are elected are the ones who make the decision. Any disagreement you have with the DA you should take it up with the voters in his/her district/county/state.

            If you’re unhappy about the immense funds donated in political campaigns, you should take it up with the Republicans, who worked to win the Citizens United Supreme Court decision allowing virtually unlimited political contributions.

            Remember, it’s the conservatives who say corporations are people, and money is speech.

            • So, you’re not even going to try and defend your false equivalence death toll, and nothing to support the numbers attributed to the energy producers.
              Ever heard of Burisma? … oh yeah, doesn’t count if it’s foriegn money being funneled to your side.

              • “your false equivalence death toll“

                You never provided an actual death toll number, just a vague claim without any substantiation.

                On the other hand, I linked to an actual news article discussing a lawsuit filed under penalty of perjury citing actual evidence to support their claim.

                “foriegn money being funneled to your side“

                Again, you cite nothing to support your vague claim.

                Are you talking about the $2 billion Donald Trump’s son-in-law, Special Advisor to the President Jared Kushner received from the Saudi Royal Family?

                “Jared Kushner defends controversial $2bn Saudi investment
                Author, Bernd Debusmann Jr
                Role, BBC News, Washington
                14 February 2024

                Donald Trump’s son-in-law and former adviser Jared Kushner has defended his business dealings with Saudi Arabia and its Crown Prince Mohammed bin Salman.
                After leaving the White House, Mr Kushner’s private equity firm received a $2bn (£1.59bn) investment from Saudi Arabia’s sovereign wealth fund.
                Mr Kushner worked closely with Saudi Arabia on a number of issues during the Trump administration.“

  13. The Texas Republicans sold out to big oil years ago, so you won’t see Attorney General Ken Paxton or anyone else investigating the criminal conspiracy that cost hundreds of Texas citizens their lives:

    “Ahead of the Texas primary, the oil and gas industry contributed more than $19 million — roughly 93% of its political giving to state elections this cycle — to Republican candidates in the Lone Star State, including the governor, attorney general, and the state’s chief oil and gas regulator. Unlike some states, Texas does not limit the amount contributors can give to political campaigns.”

  14. “The Texas Republicans sold out to big oil years ago, so you won’t see Attorney General Ken Paxton or anyone else investigating the criminal conspiracy that cost hundreds of Texas citizens their lives:

    and you know this was a “criminal conspiracy”, how? Now you’ve appointed your self judge and jury?

    • “and you know this was a “criminal conspiracy”, how? Now you’ve appointed your self judge and jury?“

      You must’ve missed this, I posted above:

      “Lawsuits allege deadly 2021 Texas blackouts were an inside job
      BY SAUL ELBEIN 09/24/24 12:50 PM ET

      Deadly blackouts that killed hundreds of people across Texas in 2021 — which have been widely blamed on failures to properly insulate gas pipelines — may have had a more nefarious cause, a new lawsuit alleges.“

      They filed statements under penalty of perjury that they have the evidence to prove their assertions, this should prove rather interesting.

  15. Houston Cop Guilty of Murder for Lying on Warrant Application to Justify Deadly SWAT Raid.

    h ttps://www.shootingnewsweekly.com/crime-and-punishment/houston-cop-guilty-of-murder-for-lying-on-warrant-application-to-justify-deadly-swat-raid/

  16. Speaking of state attorney generals fighting for 2A rights, we have this nugget to drop :

    *AWESOME BREAKING FUCKING FLORIDA 2A NEWS* :

    “Florida attorney general skips defending law banning open carry ”

    It looks like Florida may get open carry the no muss, no fuss, no hassle method, by simply not choosing to defend a legal challenge to Florida’s current ban on open carry, read all about it :

    https://www.politico.com/news/2024/09/23/florida-open-carry-ashley-moody-00180553

    Read the article, Politico is seriously pissed-off about this. I just may have to order me a North American Arms belt-buckle holster for ‘Tiny’ to celebrate…

    *Snicker* 😉

    Edit – Why is it that Republican state attorney generals like Ashley Moody are smoking hot, while the leftist-fascist democrats are bitter old shrews no one wants to get ‘intimate’ with?

    Pic –

    https://en.wikipedia.org/wiki/File:AttorneyGeneral_AshleyMoody.jpg

    • “Why is it that Republican state attorney generals like Ashley Moody are smoking hot, while the leftist-fascist democrats are bitter old shrews“

      Perhaps because Republicans are superficial thinkers who are easily swayed by appearances, while Democratic voters are more likely to consider the intellectual capacity of the candidate.

      And just remember, no matter how good-looking she is, somewhere, somebody is tired of her shit.

  17. As a California Citizen, I’m just happy to know that a Attorney General can actually fight for the rights of its citizens as opposed to do everything in his/her power to empower the criminal class and lockup or restrict its citizens rights.

    Gives me hope for America.

  18. Such a powerful statement! I love how you emphasize resilience and hope. It’s amazing how a little positivity can fuel our determination. Every step, no matter how small, is progress worth celebrating. Thank you for your inspiring words! Here’s to facing challenges head-on and coming out stronger.”

Comments are closed.