Appeals Court Upholds Gun Ban at State Fair of Texas
In a significant legal development, an appeals court has upheld a lower court ruling that denies Texas Attorney General Ken Paxton’s request for an emergency temporary injunction aimed at stopping the State Fair of Texas from enforcing its new gun policy. This ruling comes as the fair prepares to open its doors on September 27, 2023, and runs through October 20, 2023.
Background of the Case
The controversy began when the State Fair of Texas announced a policy prohibiting most visitors from carrying firearms on the fairgrounds. This policy allows only active or retired law enforcement officers to carry handguns during the event. Paxton’s office filed an injunction in August, arguing that the fair’s policy violated state law, which he contends does not permit political subdivisions, like the city of Dallas, to restrict licensed gun owners from carrying firearms in government-owned spaces unless explicitly prohibited by law.
Court Proceedings and Rulings
Last Thursday, Dallas District Court Judge Emily Tobolowsky ruled against Paxton’s injunction, allowing the fair’s gun ban to remain in effect. In her decision, Judge Tobolowsky noted that there was insufficient evidence to suggest that the State Fair or the city of Dallas would be violating any laws with the new policy. Following this ruling, Paxton sought an emergency injunction from the 15th Court of Appeals, which was also denied.
Interim Dallas City Manager Kimberly Bizor Tolbert filed a response to the appeals court, emphasizing that the State Fair is a ticketed, private event. She pointed out that the fair has exclusive control over parts of Fair Park during its 24-day run and that the board of directors governing the fair operates independently of city oversight. Tolbert also mentioned that the city had not received any complaints regarding the fair’s policy.
Legal Opinions and Controversies
A pivotal moment in the court proceedings occurred when attorneys for the fair referenced a legal opinion issued by Paxton in 2016. This opinion had previously allowed lessees of government property to ban firearms, which supports the fair’s current policy. However, in a surprising turn of events, Paxton’s office rescinded that opinion just days before the court hearing, claiming it was outdated and no longer applicable due to changes in handgun laws since its issuance.
This rescission raised eyebrows, as it marked the first time Paxton had ever revoked a legal opinion. Critics argue that this move was politically motivated, especially given the timing and the ongoing legal battle.
Public Response and Future Actions
Despite receiving 12 complaints about the fair’s policy between August 8 and 10, Paxton’s office has not provided substantial evidence to support claims that the policy infringes on the rights of licensed gun owners. The attorney general’s office has indicated that it may escalate the matter to the Texas Supreme Court in hopes of overturning the appeals court’s decision before the fair opens.
As the State Fair of Texas approaches, the debate over gun rights and public safety continues to unfold, reflecting broader tensions within Texas regarding firearm regulations. The outcome of this legal battle could have lasting implications for similar events across the state and the interpretation of gun laws in Texas.
The State Fair of Texas, a cherished tradition for many, is set to welcome visitors soon, but the backdrop of this legal dispute adds a layer of complexity to what is typically a festive occasion. As attendees prepare for the fair, the ongoing discussions about safety, rights, and regulations will likely remain at the forefront of public discourse.