Ken Paxton’s Legal Battle Over the State Fair of Texas Gun Policy
In a significant legal showdown, Texas Attorney General Ken Paxton has taken his fight against the State Fair of Texas’s gun policy to the state’s highest court. This comes after Paxton faced setbacks in both a Dallas district court and a state appeals court, where his arguments against the fair’s firearm restrictions were dismissed. The Supreme Court of Texas, however, declined Paxton’s petition late Thursday night, allowing the State Fair to enforce its ban on firearms.
The Supreme Court’s Stance
Judge James Blacklock of the Texas Supreme Court articulated the court’s position clearly. He noted that the state’s presentation did not assert whether the State Fair, as a private entity, had the legal authority to prohibit patrons from carrying handguns. Blacklock emphasized that the court could not mandate the State Fair to allow handguns when the attorney general did not argue that Texas law required such an allowance. This lack of clarity from Paxton’s office left the court with little room to maneuver.
The court’s response highlighted a critical point: the state’s filing did not address whether the State Fair had the legal right to enforce its gun ban. This omission was described as "conspicuously silent," raising questions about the broader implications for gun rights at public events in Texas. The court remarked that law-abiding Texans should have clear guidance on where they can legally carry their firearms, especially at large public gatherings like the State Fair.
Paxton’s Continued Fight
Despite the setback, Paxton remains resolute in his opposition to the fair’s gun policy. He expressed his intention to continue challenging the ban, stating that he would collaborate with the state legislature when it reconvenes in January. Paxton’s assertion that "Texans have a right to lawfully carry" underscores his commitment to defending Second Amendment rights, particularly in public spaces owned or leased by governmental entities.
In his statement, Paxton criticized the City of Dallas for allegedly contracting away the rights of law-abiding citizens to a private entity. He indicated that the legal battle is far from over, vowing to uphold the rights of Texans to defend themselves as protected by state law.
The State Fair’s New Gun Policy
The controversy stems from the State Fair of Texas’s newly implemented gun policy, announced in early August. The fair decided to screen for weapons at the entrance, allowing only active or retired law enforcement officers to carry firearms on the fairgrounds. This policy has drawn significant scrutiny from gun rights advocates, who argue that it unlawfully restricts licensed gun owners from exercising their rights in spaces owned or leased by the government.
The City of Dallas, which owns Fair Park and leases much of the fairgrounds to the State Fair, has maintained that the fair is a private, ticketed event. Interim Dallas City Manager Kimberly Bizor Tolbert emphasized that the State Fair has exclusive control over its operations during its 24-day run, and the city does not oversee the fair’s governance. Tolbert also noted that the city had not received any complaints regarding the fair’s gun policy.
Legal Proceedings and Challenges
The legal battle has seen Paxton’s attempts to secure a temporary injunction against the enforcement of the fair’s gun policy denied by the appeals court. The court ruled that there was insufficient evidence to suggest that either the State Fair or the City of Dallas would violate any laws with the current firearm restrictions in place.
Adding to the complexity of the case, Paxton recently withdrew a 2016 legal opinion that supported a nonprofit’s right to ban firearms on government-owned land. He claimed that changes in handgun laws rendered the opinion outdated. However, the Texas Supreme Court pointed out that withdrawing an opinion does not equate to repudiating it, suggesting that Paxton’s office should clarify why the previous stance is no longer valid.
The State Fair’s Operations
The State Fair of Texas is a beloved annual event that runs from September 27 through October 20. It attracts millions of visitors each year, making it a focal point for discussions about public safety and gun rights. The fair’s management, operating under a board of directors independent of city oversight, has the authority to set its own policies regarding admissions and security measures.
As the legal proceedings continue, the implications of this case extend beyond the State Fair, touching on broader issues of gun rights, public safety, and the authority of private entities to regulate firearms in spaces that are publicly accessible. The outcome of this legal battle could set important precedents for similar events across Texas and potentially influence the ongoing national conversation about gun rights and regulations.