State Fair of Texas

Texas AG Ken Paxton sues Dallas over State Fair's gun policy

The State Fair of Texas announced prohibiting concealed firearms from being carried in Fair Park

NBC 5 News

Texas Attorney General Ken Paxton has filed a lawsuit against the City of Dallas and the State Fair of Texas, alleging that they unlawfully banned firearms from government-owned public property in direct violation of Texas law.

In early August, the State Fair of Texas unveiled its revised policy, which 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 while visiting the event. However, following a shooting incident 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 Fair Park.

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 recently announced ban on firearms in Fair Park, or he would file a lawsuit.

According to a statement from the Attorney General's office on Thursday, Fair Park is owned by the City of Dallas and contracts with the State Fair of Texas for the management of the annual fair.

“Municipalities cannot nullify state law nor can they avoid accountability by contracting official functions to nominally third parties,” said Paxton in a statement. “Neither the City of Dallas nor the State Fair of Texas can infringe on Texans’ right to self-defense. I warned 15 days ago that if they did not end their unlawful conduct, I would see them in court, and now I will.”

Per state legislation, gun owners are permitted to carry firearms on government-owned or leased premises unless such a prohibition is explicitly stated by law, Paxton said. Consequently, the ban has been perceived as a direct infringement on Texans' constitutional rights.

Because of this, the Texas Attorney General's office alleges that the City of Dallas and the State Fair of Texas have not heeded the call to comply with state law.

State Fair officials responded to the attorney general's office shortly after, disclosing that they allocate millions of dollars annually towards enhancing safety and security measures to ensure the safety of visitors. They further mentioned that the Dallas Police Department operates a substation within Fair Park and that a contingent of 200 uniformed officers is stationed on the fairgrounds during operating hours.

"It has been suggested that this decision makes the State Fair a 'gun free' zone and therefore less safe than before. We disagree with this suggestion," fair officials said. "The State Fair has adopted a similar policy to that of most mass community gathering events like athletic competitions, concerts, and other fairs throughout the state and across the nation."

Paxton has requested that the court issue an injunction to prevent the City of Dallas or the State Fair of Texas from enforcing the ban on firearms, which he believes is unlawful.

NBC 5 contacted fair officials about the recent lawsuit, and they stated, “Due to pending litigation, we have no comment at this time.”

The City of Dallas released a statement disagreeing with the allegations:

“The City of Dallas is aware of the lawsuit filed by the State of Texas and disagrees with the allegations against the city and interim city manager. The city was not involved in the State Fair of Texas’ announcement of its enhanced weapons policy. The State Fair of Texas is a private event operated and controlled by a private, nonprofit entity and not the city.”

The fair, which reopens in September and lasts nearly a month, dates back to 1886. In addition to a maze of games on the Midway, car shows and the Texas Star Ferris Wheel — one of the tallest in the U.S. — the fairgrounds are also home to two annual college football rivalries, the State Fair Classic between the Grambling State University Tigers and the Prairie View A&M University Panthers and the Red River Rivalry between the University of Texas Longhorns and the University of Oklahoma Sooners.

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