DALLAS — Texas Attorney General Ken Paxton intends to continue challenging the State Fair of Texas' gun ban, despite the fair ending last week, according to new court filings.
Paxton filed a motion Monday to dismiss his appeal against the court's decision to block a gun ban by the State Fair of Texas. The Texas Supreme Court ruled in September to deny Paxton's emergency motion for temporary relief of the ban after the motion was previously denied by the Dallas County District Court and the Fifteenth Court of Appeals.
"Because the State Fair ended on October 20, the State no longer wishes to pursue this appeal from the denial of a temporary injunction," the filing states.
However, the state intends to continue challenging the ban in trial court, the filing states.
"Texans have a right to lawfully carry and the City of Dallas has no authority to contract their rights away to a private entity," Paxton said after the Texas Supreme Court denied his appeal in September. "This case is not over. I will continue to fight this on the merits to uphold Texans’ ability to defend themselves, which is protected by State law."
This gun ban comes one year after a shooting at the State Fair's food court where three people were injured.
Paxton sued the city and State Fair of Texas in August arguing that the State Fair of Texas had violated state law that largely bars local governments from restricting guns on property they own or lease. The city of Dallas owns Fair Park and leases the grounds to the State Fair of Texas each year.
The city of Dallas and the State Fair of Texas argued Paxton’s case runs counter to a nonbinding legal opinion he issued in 2016 that found private entities could ban guns on government-leased property, WFAA previously reported.
That 2016 opinion was withdrawn Sept. 10. Paxton’s office didn’t respond to a WFAA request for comment on the reason for the withdrawal.
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