Texas AG Appeals Court Decision Upholding State Fair Carry Ban

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’ 298^th 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’ 15^th 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.”