Attempt to block State Fair of Texas gun ban denied by judge

DALLAS - A Dallas judge blocked an effort to stop a new policy banning guns at the State Fair of Texas.

Judge Emily Tobolowsky denied a request by Attorney General Ken Paxton to block the policy, which would prevent license to carry holders from bringing guns onto the fairgrounds.

Representatives from the State Fair and the Attorney General's Office appeared in a Dallas courtroom on Thursday morning.

The hearing was about three hours, but the judge ruled very quickly, denying the push for an injunction by the Attorney General's Office.

Paxton's team argued the State Fair is on public property where gun rights are protected.

The state argued because the City of Dallas owns Fair Park, the policy violates state law.

"These citizens are being denied equal access to public space, they are being denied the right to protect themselves through self-defense," said Ernest Garcia of the Texas Office of the Attorney General.

The State Fair of Texas organization says they aren't violating any laws with their gun ban because they are not a state agency.

The fair is a nonprofit that leases Fair Park from the City of Dallas for 24 days a year, and says it can set its own rules and regulations.

"If there is no state action, there cannot be any constitutional violation. Even if there was state action, there is a recognition there are certain places that were never intended to have guns present," said Jim Harris, an attorney for the State Fair of Texas.

Back in 2016, Paxton took a very different position with a non-binding opinion giving nonprofits the green light to do what the fair did.

In fact, that same year, Paxton's office told the Fort Worth mayor that the Fort Worth Zoo was within its rights to ban concealed carry.

Paxton withdrew that opinion on Sept. 10 after Paxton sued Dallas.

"[Attorney General Paxton] has never withdrawn an opinion. You have to go back to Greg Abbott many years ago based on statute," argued City of Dallas attorney Jeff Tillotson.

The state's only witness was the AG investigator who received complaints about the policy change.

He testified he isn't a lawyer, but did not agree with Paxton's 2016 opinion.

Paxton could appeal to the Court of Appeals in Dallas.

In past cases, due to the urgency of a ruling, he could try to go straight to the state Supreme Court.

As for the fair, they recognize the fight does not end today.

"We are just ready to turn our attention to the State Fair of Texas. Eight days away from opening, we are ready to go. [We're] hoping to keep our folks as safe as possible, that's the goal," said Mitchell Cleaver, the President of the State Fair of Texas.

The State Fair of Texas begins on September 27.

How did we get here?

The State Fair implemented the new gun policy following a shooting last year. 

Three people were hurt in the shooting near the Food Court on October 15, 2023.

The suspect, Cameron Turner, was not a licensed gun owner.

Dozens of Republican lawmakers called for the fair to reverse course. When the fair refused, Paxton quickly sued the City of Dallas, claiming the city is responsible for rules on its property.

Under the new rules, anyone in violation of the gun policy would be asked to take the firearm back to their vehicle.

If they refused, then law enforcement could get involved.

In its last session, the state legislature expanded gun rights on public property.

Texas lawmakers are expected to propose a new law in the next legislative session.