A Dallas judge says the State Fair of Texas can enforce its new policy banning guns from the fairgrounds, rejecting an attempt by the state's attorney general to overturn it, claiming it violates state law.
Judge Emily Tobolowsky, with Dallas's 298th District Court, said after noon on Thursday that the State Fair's policy was legal and that she was denying the injunction filed last month by the office of Texas Attorney General Ken Paxton.
State attorneys objected to the judge's decision Thursday but did not make a statement after the hearing. Mitch Gleiber, president of the State Fair of Texas, said after the hearing that they were now focusing on next Friday.
“We’re just ready to turn our attention to the State Fair of Texas, which is eight days away, and we’re ready to go,” Gleiber said.
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The State Fair of Texas unveiled its revised firearms policy in early August. The policy prohibits the carriage of firearms within Fair Park by individuals who are not active or retired law enforcement officers.
In the past, the fair permitted individuals possessing a valid Texas License to Carry or Concealed Handgun License to bring their firearms into the fairgrounds. However, following a shooting in the food court in October 2023 that injured several individuals, the fair's board decided to revise the policy.
This revision aimed to prohibit most people from bringing weapons into the fairgrounds. Following the state fair's announcement, the Attorney General's Office issued a 15-day notice to the City of Dallas, urging them to rescind the ban on firearms in Fair Park, or he would file a lawsuit. Paxton said the fair's policy was in direct violation of Texas law, which allowed legal gun owners to carry firearms on government-owned public property.
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Gleiber took the stand Thursday, describing the shooting that led to the policy change and outlining the fair's relationship with the city of Dallas and Fair Park.
"We decided ultimately that it was in the best interest of the safety of our fairgoers, our vendors, our staff, to prohibit firearms. And we made that decision," Gleiber said. "Ultimately, it would be my decision to make."
Tobolowsky sided with the State Fair's argument that it is a private, nonprofit entity that is only leasing land from the city, which gives it the freedom to enforce the policy.
Ernest Garcia, an attorney with the attorney general's office, disagreed and said the policy puts people at risk.
“They’re being denied the right to defend themselves in self-defense. Not only at Fair Park but certainly going to Fair Park," said Garcia. “Certain criminals are going to know that everyone attending Fair Park are not able to defend themselves."
Paxton's team argued state law gave Texans the right to carry guns on state property and property owned by local governments, believing the state law extended to the lease agreement the fair had with the city.
The state can still appeal the judge's decision to a higher court by next week. So, the decision, as it stands now, may still change before the State Fair of Texas opens its gates next Friday.
A pivotal moment in court came when lawyers for the fair presented an opinion from Paxton filed a few years ago that allowed for this same scenario. Last Tuesday, Paxton's office rescinded that opinion. On Thursday, the attorneys noted that it was the only legal opinion Paxton had ever rescinded.
The State Fair of Texas opens next Friday, Sept. 27, and runs through Oct. 20.
