Texas Attorney General Ken Paxton
Texas Attorney General Ken Paxton

Texas Attorney General Ken Paxton has filed a lawsuit against five state businesses that don’t allow off-duty police officers their right to carry a firearm on their premises.

In a press release from the AG’s office, Paxton said the lawsuit alleges that The Factory in Deep Ellum in Dallas, Texas Trust CU Theatre in Grand Prairie, Meow Wolf in Grapevine, The Lucky Duck in San Antonio and the State Fair of Texas have violated state law by restricting peace officers, including off-duty officers, from entering the premises with their authorized firearms.

“Texas law must be respected to ensure the safety and well-being of our citizens,” Paxton said in the release. “Criminal activity can occur at any time and any place. Peace officers are often well-positioned to prevent and suppress crime, even when they are out of uniform and off duty.”

Texas law provides that establishments serving the public—including businesses, restaurants, hotels, sports venues, arenas and places of amusement—that restrict a peace officer from carrying their authorized weapon are subject to a civil penalty of $1,000 for each violation. According to the release, prior to filing the lawsuit the AG’s office received written confirmations regarding the five named establishments indicating they would follow the law, but since then the AG’s office has continued receiving complaints from peace officers that these establishments are still violating the law.

Concerning Meow Wolf, the lawsuit states: “From at least July 2023 to the present, the defendant has prohibited and restricted off-duty peace officers from entering its establishment with a weapon that such peace officers were authorized to carry.”

“The Attorney General wrote to the Meow Wolf Grapevine, Director of Security Tony Perkins, in an effort to secure a commitment to comply with the law,” the lawsuit further states. “The responsive email from Tony Perkins on behalf of the defendant was received on July 25, 2023, thanking the Attorney General’s Office for its letter, and referencing that the defendant had updated its policies. Despite this, on November 18, 2023, off-duty peace officer Scott Vance (Corporal with the Sherman Police Department) was prohibited by the defendant from carrying his authorized weapon into the defendant’s establishment. This occurred even though Corporal Vance produced photo identification and his peace officer credentials and requested that they contact the Sherman Police Department to verify that he was an officer.”

The lawsuit concludes with a directive that the defendants not only pay the civil penalty of $1,000 fine for each violation, but also be responsible for investigative fees, attorneys fees, court costs and other necessary expenditures.

“Plaintiff has a statutory right to an award of penalties,” the lawsuit stated. “Defendant has shown a continued disregard for state law, which is prejudicial to the state’s interest in protecting the public from criminal activity and harm. Irreparable injury to Texas citizens, persons and property is threatened, irrespective of the imposition of penalties against this defendant. Under the principles of equity, after an evidentiary hearing or trial and upon the entry of a judgment, the court should permanently enjoin the defendant from continuing to violate the [law].

“… plaintiff requests that he be awarded penalties, investigative costs, witness fees, court costs, reasonable attorney’s fees in prosecuting this case through trial and, if necessary, through appeal.”

In a statement sent to spectrumlocalnews.com, one defendant, the State Fair of Texas, stated: “The State Fair of Texas takes seriously its legal obligations to allow peace officers to lawfully carry their weapon at the fairgrounds. To that end, the State Fair requires at least one Dallas Police Officer to be posted at each admission gate to check credentials and ensure compliance.”

The State Fair statement continued: “This policy allows peace officers to deal face-to-face with fellow peace officers to ensure compliance and safety for all our guests. We are looking into the alleged incident referenced in the lawsuit to find out what may have happened.”

RELATED ARTICLESMORE FROM AUTHOR

40 COMMENTS

    • “LE should refuse to respond to any calls by the 5 businesses.”

      Maybe not outright *refuse*, but I wouldn’t cry a tear if they took a looooooooong time to eventually ‘respond’.

      Even better, publicize the names of the bastards and let the inevitable boycott hit ’em where it really hurts, their wallets… 🙁

    • Problem with that is what if it’s an illegal alien attacking some citizen at that address? Still support cops slow rolling to the address?

  5. On one hand, it makes no sense to keep armed
    off-duty cops out. On the other hand, I despise exclusions in the law for off-duty and retired police officers.

    • Okay, the business owners can legally keep out a private citizen, nothing can be done about that, but not off duty LE. Now let’s say your loved ones are in one of these businesses. So is an off duty officer. In walks a banger with nefarious intentions and his gauge. He decides he can’t leave live witnesses. This poses an interesting question: do you want that cop armed, or no?

        • jwm, I’ve often said that everyone that has the skills and wear with all to use a firearm should have/carry one. The business owners are the ones banning the private citizen, not the state. Armed off duty officers save the taxpayers money. Here you go. I was on the way to the farm for a nice evening in a stand with a rifle and a book. I’m westbound on U.S.90, outside lane. Inside lane a vehicle is passing. I glanced over, like you do. The front seat passenger has a straw in his nose and the other end in a small plastic bag. I wonder what was in that? I’m going hunting and racing the sun. I’ll call dispatch and let them handle it. Things didn’t turn out that way. Vehicle was occupied X 3. I took them into custody with a stainless Winchester model 70. All three had felony warrants. There was also crack and powder cocaine taken into evidence. You know how long it takes to do that much paperwork? I think I left the CJ AT 2300 hrs. Cost to the taxpayers? Zero. My compensation? Zero. I was off duty.

      • If you think a business, open to the public, can deny a citizen of a Constitutionally protected right then you are delusional and WRONG.

        • neiowa, you’re a business owner. Who gets to call the shots on your property? We have the first amendment also. Someone comes into your establishment and begins to abuse you, employees, even other customers. You going to violate his freedom of speech and throw him out or just let him continue until he runs out of steam and leaves on his own.

  6. The easiest solution is for ANY carrier to boycott all such establishments, even the ones that do allow off duty carry. Statistics prove that licensed carriers are safer than the PD whether off or on duty.

  9. Why should Gov. employees get special consideration the rest of us don’t? If they are subject to the same laws as the rest of us it will go a long way toward fixing those laws.

  10. How do the business owners even know they’re armed? When I was off duty no one knew I was armed except me and those with me. They were usually armed too. I never pay attention to those stupid stickers.

  11. AG Paxton’s statement, “Texas law must be respected to ensure the safety and well-being of our citizens,” Paxton said in the release. “Criminal activity can occur at any time and any place. Peace officers are often well-positioned to prevent and suppress crime, even when they are out of uniform and off duty.”, should at least be expanded to read, “Peace officers and properly licensed concealed carriers are often well positioned to …”.
    CCL holders are statistically more law abiding than LE. Although I’ve worked in federal and local LE, I choose not to go through LEOSA, and just carry a state CCL. But I’m always looking out for the safety of others, even when off-duty. For businesses to discourage that, it’s like not buckling up their seat belts when they drive.

    • I’m for self preservation and the protection of ones property.
      Two futures with a gunm behind every door. One where the criminal fears for his life ,and two where the criminals become more ruthless.
      I don’t think crime will stop, not even if the punishment is severed hands or broken on a wheel.

  16. A few days ago in Tallahassee there was a interesting incident involving both on and off duty LE in Tallahassee. A TPD officer was dealing with a guy at a local motel near I-10. For the second time. This time the officer went hands on. As I understand it there was a brutal fight over the officer’s weapon. Officer was shot in the hand. There were off duty deputies from Leon County and one from my former agency passing by on N. Monroe St. at the time. Net result. Suspect in custody. Officer expected to recover. The LE/suspect contact was initiated by a citizen/employee of the motel. Is there anyone out there in TTAG land that would jump into that?

    • “Is there anyone out there in TTAG land that would jump into that?”

      Maybe, if all they had were handguns and I had a rifle and a bit of cover, I might attempt to engage them about 150 yards out…

      • Geoff, I know distance is safety, but from 150 yards you couldn’t have seen the incident. I’m very familiar with the area. A friend is buying me lunch today a short distance away. (My birthday is today) No, these things are close, fast and ugly.

  17. If a business restricts carry, I don’t spend money there. My local movie theater does bag searches because they had a shooting years ago. I drive to the Boerne AMC instead.

  18. It seems entirely possible that the State Fair is telling the truth that they had Dallas Police Officers checking the credentials of off-duty officers entering. This would bring us to either of two very different but equally possible situations:
    Either some off-duty officer didn’t have proper credentials with him, was properly denied entry, and then whined about it;
    Or some off-duty officer from a small department with proper credentials was stopped by a Dallas PD officer who decided he wasn’t a “real cop” because he was from some hick department.

    I’d like to think that the first possibility is the more likely, but experience tells me that the second is just as likely.

  19. The Texas National Guard should be deployed to the boarder to check all the bags that the illegal legal mygrunt worker immigrants are walking, running or swimming with.

Comments are closed.