DALLAS — Days before the State Fair of Texas is set to begin, Texas Attorney General Ken Paxton is again seeking to block enforcement of the fair’s new policy banning most people from bringing guns to the fair this year.
Paxton on Friday filed a motion in the Court of Appeals for the 15th Judicial District seeking to block enforcement of the policy pending his appeal of Dallas County District Court Judge Emily Tobolowsky’s ruling Thursday allowing the State Fair of Texas to proceed with its policy.
The court requested a response to Paxton’s motion seeking to block the policy by noon Tuesday. The State Fair of Texas begins Friday, Sept. 27 and runs until Oct. 20.
“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 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 city and the State Fair of Texas filed responses Tuesday to Paxton’s motion seeking to block the policy.
"The key issue is whether a private entity that conducts an admission-only event on property leased from a city can prohibit firearms at its private event without State interference. That answer should be yes," the filing from the city reads.
Paxton had sought a court order against the State Fair of Texas and the city of Dallas to block the enforcement of the gun ban. Dallas County District Court Judge Emily Tobolowsky denied Paxton’s request for an injunction Thursday. Following this denial, Paxton filed a notice of accelerated appeal.
In response to Paxton’s court filing giving notice of his intent to appeal, the State Fair of Texas in a statement said they maintain the policy is the “right decision.”
"We anticipated an appeal, but continue to maintain this policy is the right decision moving forward to ensure a safe environment and family-friendly atmosphere. The State Fair of Texas will continue to prioritize safety,” the statement read.
Paxton sued the city and State Fair of Texas last month, arguing in court filings 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.
Paxton has argued that the fair organizer “acts under authority” of the city of Dallas and can’t ban guns on the grounds. Officials with the city and fair, though, argued in court filings that the city has “no control” over the State Fair of Texas operations during the fair, making their policy announced earlier this year to ban guns at the fair this year legal. Under the policy, announced in August, active and retired peace officers would still be allowed to carry guns within the fairgrounds. The policy banning guns at the fair came after a shooting at the fair last year that injured three people.
Both 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 as long as the government “has no control over the decision to post such notice.”
The 2016 opinion from Paxton’s office was cited in finding that notices banning firearms could be posted at the entrances to the Fort Worth Zoo because while the zoo is on city-owned land, the city contracts with a nonprofit to oversee zoo operations and management, according to court documents.
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.