Attorney General Ken Paxton sues Dallas over no-gun policy at State Fair of Texas
Attorney General Ken Paxton has made good on his promise to sue the State Fair of Texas over its new policy banning firearms, alleging the city of Dallas exceeded its legal authority in allowing the fair to prohibit guns from government-owned public property in violation of state law, according to a lawsuit announced Thursday evening.
The state's top lawyer is asking a judge to block the no-gun policy and to fine the defendants up to $250,000, according to the suit, which was filed in Dallas County state District Court against the city of Dallas, Interim City Manager Kim Bizor Tolbert and the State Fair, which is leasing a city-owned park for the event.
Last year, three fairgoers were injured in a shooting that stemmed from a private dispute.
The state fair had previously allowed Texans with permits to carry concealed guns to attend the celebration until its governing board announced a policy change in early August.
A spokesperson for the city of Dallas emphasized that the city “was not involved” in creating the policy and said it does not control the state fair.
”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,” a spokesperson wrote in an email to the American-Statesman on Thursday evening. “The State Fair of Texas is a private event operated and controlled by a private, non-profit entity and not the City.”
Paxton argued in the complaint that the city cannot ban guns on the 277-acre Fair Park in Dallas because it is public property. He said state law allows gun owners to carry firearms on the vast majority of the grounds, though he acknowledged that the Texas Penal Code prohibits guns in some areas of the park, including certain premises or buildings used for school or sporting events.
“Neither the City of Dallas nor the State Fair of Texas can infringe on Texans’ right to self-defense," Paxton said in a news release Thursday evening. "I warned fifteen days ago that if they did not end their unlawful conduct I would see them in court, and now I will.”
The policy change sparked significant controversy when it was announced earlier this month. On Aug. 12, 61 Republican state lawmakers and 10 GOP statehouse candidates signed a letter demanding that the fair's board of directors reverse the gun prohibition.
"Gun free zones are magnets for crime because they present less of a threat to those who seek to do evil," the letter said.
"The State Fair of Texas claims to be a 'celebration of all things Texas,' yet this new policy is anything but a celebration of Texas," it said.
The state fair responded by saying it was a private entity and noted that many mass gatherings have adopted gun-free policies.
"The Fair strongly believes that this is the right decision moving forward to ensure a safe environment and family-friendly atmosphere," a spokesperson wrote in a statement reported by NBC Dallas-Fort Worth reporter Phil Prazan.
Paxton on Aug. 14 gave the fair and the city 15 days to rescind the new policy, writing in a letter, "Texas law clearly states that license to carry holders may not be prevented from carrying a firearm on property owned or leased by the government unless otherwise prevented by state statute."
When it announced the policy change, the fair said in a statement that it is "constantly evaluating our security plans" and was working with local law enforcement "to adopt the most up-to-date recommended security practices for special events of our size."
The state fair did not immediately respond to the Statesman's request for comment Thursday evening.
The state fair will be held Sept. 27 through Oct. 20.
Statesman staff writer John Moritz contributed reporting.
This article originally appeared on Austin American-Statesman: Texas AG Ken Paxton sues Dallas over no-gun policy at state fair
