BREAKING: I filed a petition for writ of mandamus in the Texas Supreme Court to prevent the City of Dallas from assisting the State Fair of Texas in enforcing a firearms ban that would unlawfully prohibit Texans who are licensed to carry from exercising their rights. The City… https://t.co/Dt2661dHoN

— Attorney General Ken Paxton (@KenPaxtonTX) September 25, 2024

Texas Attorney General Ken Paxton filed an appeal with the Texas Supreme Court in a case challenging a lower court ruling that the State Fair of Texas could ban firearms during the event.

“The City of Dallas and the State Fair of Texas cannot nullify state law by banning firearms. And a government entity cannot contract away our rights by offloading this policy to a private entity. Texans who are licensed to carry have a right to defend themselves, and I will fight every step of the way to protect it,” said Attorney General Paxton.

After the announcement that the State Fair of Texas would be a “gun-free zone,” AG Paxton sent the City of Dallas and the State Fair of Texas a letter demanding that they reverse course and allow firearms. The State Fair of Texas is run by a private non-profit and is held at Fair Park in Dallas. The city owns the actual fairgrounds. According to Texas State law, guns cannot be banned on government property or property leased by the government unless firearms are forbidden by statute, such as in a courthouse.

The City of Dallas stated that although it owns Fair Park, it turns over the land to a private non-profit during the State Fair of Texas. Dallas argued in court that it had nothing to do with the decision to enact a gun ban and could not mandate that guns should be allowed because private entities manage the fair.

“The City was not involved in the State Fair of Texas’ announcement of its enhanced weapons policy,” a Dallas spokesperson said in a statement. “The State Fair of Texas is a private event operated and controlled by a private, non-profit entity and not the City.”

Ken Paxton disagreed and stated that no matter who controls Fair Park during the fair, the City of Dallas still owns it. He said state law must be followed, and guns must be allowed in Fair Park no matter what the State Fair of Texas wants.

The State Fair of Texas said that since it is not a government entity, it could make any rule it wanted to make, regardless of the state’s wishes. Last year, guns were allowed at the Texas State Fair. During that event, a firearm was discharged, leading the non-profit to decide to ban guns this year, no matter how legally dubious its stance might be.

AG Paxton would file a lawsuit against the City of Dallas and the State Fair of Texas in Dallas County District Court. He was seeking a preliminary injunction to block the gun ban. Last week, after a two-hour hearing, Judge Emily Tobolowsky denied Paxton’s request. The State Fair of Texas non-profit celebrated the victory.

“We’re just ready to turn our attention to the State Fair of Texas – eight days away from opening, we’re ready to go and hoping that we can keep our folks as safe as humanly possible, that’s the goal,” State Fair of Texas President Mitchell Glieber said.

AG Paxton would not give up his pursuit of allowing guns at the fair and immediately appealed to the Texas 15th Court of Appeals. The court denied his appeal. Paxton then turned to the Texas State Supreme Court and asked them to review the case. The court hasn’t agreed to review the lawsuit, but time is running out for Paxton.

The Texas State Fair is set to open Friday, September 27. If the Texas Supreme Court doesn’t reverse the lower court’s decision, then guns will be banned.

About John Crump

Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @crumpyss, or at www.crumpy.com.