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Ken Paxton's attempt to overturn State Fair of Texas gun ban fails — again

Fairgoers walk in the midway at the State Fair of Texas on Friday, Oct. 13, 2023, in Dallas.
Yfat Yossifor
/
KERA
Fairgoers walk in the midway at the State Fair of Texas on Friday, Oct. 13, 2023, in Dallas.

A Texas appeals court denied Attorney General Ken Paxton's emergency request Tuesday to block the State Fair's gun ban from taking effect.

A Dallas County judge ruled during an injunction hearing last week that the State Fair's new firearm policy may stay in place. Paxton's office almost immediately appealed the decision to the 15th Court of Appeals, which handles all cases involving the state or state agencies.

The state requested the court enforce an emergency order by Tuesday to prevent the State Fair from banning guns before the fair opens Friday. The court denied that request without issuing an opinion.

"The State Fair of Texas applauds today’s unanimous ruling by the Fifteenth Court of Appeals," a fair spokesperson wrote in a statement. "The State Fair believes our new weapons policy is within the law and we look forward to welcoming fairgoers on Opening Day of the 2024 State Fair."

In court documents, attorneys for the state doubled down on their argument that because the State Fair leases Fair Park from the city to host its annual event, the decision to ban guns from Fair Park was an action taken by Dallas and with city officials’ consent, which would be illegal.

State law forbids government entities from banning guns on government-owned or leased property, excluding protected gun-free zones such as schools or courthouses.

A week before the injunction hearing, Paxton’s office withdrew a 2016 legal opinion that contradicts the state’s current stance. Paxton wrote at the time political subdivisions such as Dallas would not be held responsible for a private entity choosing to ban guns from government-owned property.

But in appeals court filings, they wrote that opinion doesn’t support the Dallas’ argument because the lease agreement between the city and fair organizers is not “an arms-length agreement” — rather, the city “significantly controls and finances” the State Fair.

Paxton’s office also said the laws around guns statewide and federally have changed significantly. For example, the Texas Legislature changed the law to allow permitless carry in 2021.

Meanwhile, fair organizers maintain their organization is a private nonprofit — not a government agency — so it was lawful for them to ban guns after a shooting injured three people at the fair last year.

“This is not a dispute about Fair Park writ large,” the State Fair’s brief reads. "[The fair's] admission Policy for fairgoers is not a 'Fair Park' policy; it is a policy for the private Fair, in place for only that one private event, which is held for just 24 days of the year at Fair Park."

Fair attorneys argued in court and in filings the state’s expert witness failed to conduct a thorough investigation into the fair’s lease contract with the city and the two entities’ actual relationship.

They also say the attorney general’s office was correct in its interpretation of the law in Paxton’s 2016 legal opinion, and the state’s argument doesn’t explain exactly how changes in state and federal law over the years invalidate that opinion.

Both the city and fair officials say Dallas had no role in crafting or enforcing the gun ban. The city of Dallas declined to comment due to pending litigation.

It's unclear if the state plans to appeal again, but Paxton signaled in his initial filing he may take the case up to the Supreme Court of Texas.

Got a tip? Email Toluwani Osibamowo at tosibamowo@kera.org. You can follow Toluwani on X @tosibamowo.

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Copyright 2024 KERA

Toluwani Osibamowo