Texas Attorney General Ken Paxton is suing five businesses in Texas for not allowing off-duty officers to enter with their firearms.
Paxton's office filed the five lawsuits, four against North Texas businesses, saying restricting peace officers, including off-duty officers, from entering the premises with their authorized firearms jeopardizes public safety.
“Texas law must be respected to ensure the safety and well-being of our citizens,” Paxton said in a written statement. “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.”
The lawsuit alleges 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.
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Texas Code of Criminal Procedure article 2.1305 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.
Before filing suit, Paxton's office says it received written confirmations from the five named establishments indicating they would follow Texas law. Despite this, the Office of the Attorney General says it continued receiving complaints from peace officers which are outlined in the lawsuits.
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Paxton's office is seeking to collect not only the $1,000 fine for each violation but also attorney feeds as well as other court costs.
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