DALLAS — A Texas court of appeals has denied the request by Texas Attorney General Ken Paxton to block a gun ban by the State Fair of Texas. The fair will go forward this weekend with the gun ban in place.
The request was denied by the 15th Court of Appeals in Dallas County on Tuesday afternoon. This came after Dallas County District Court Judge Emily Tobolowsky’s ruling Thursday allowing the State Fair of Texas to proceed with its policy.
"The State Fair of Texas applauds today’s unanimous ruling by the Fifteenth Court of Appeals," the State Fair of Texas said in a statement. "The State Fair believes our new weapons policy is within the law and we look forward to welcoming fairgoers on Opening Day of the 2024 State Fair."
In a post on X following the ruling, Paxton said he would be challenging the decision immediately in the Texas Supreme Court.
"The City of Dallas and the State Fair of Texas cannot nullify state law by banning firearms," Paxton wrote.
The State Fair of Texas opens on Friday, Sept. 27, and will run through Oct. 20.
This gun ban comes one year after a shooting at the State Fair's food court where three people were injured.
Paxton sued the city and State Fair of Texas last month, arguing in court filings that the State Fair of Texas had violated state law that largely bars local governments from restricting guns on property they own or lease. The City of Dallas owns Fair Park and leases the grounds to the State Fair of Texas each year.
Paxton has argued that the fair organizer “acts under the authority” of the City of Dallas and can’t ban guns on the grounds. Officials with the city and fair, though, argued in court filings that the city has “no control” over the State Fair of Texas operations during the fair, making their policy announced earlier this year to ban guns at the fair this year legal.
Under the policy, announced in August, active and retired peace officers would still be allowed to carry guns within the fairgrounds.
Both the city of Dallas and the State Fair of Texas argued Paxton’s case runs counter to a nonbinding legal opinion he issued in 2016 that found private entities could ban guns on government-leased property as long as the government “has no control over the decision to post such notice.”
The 2016 opinion from Paxton’s office was cited in finding that notices banning firearms could be posted at the entrances to the Fort Worth Zoo because while the zoo is on city-owned land, the city contracts with a nonprofit to oversee zoo operations and management, according to court documents.
That 2016 opinion was withdrawn Sept. 10. Paxton’s office didn’t respond to a WFAA request for comment on the reason for the withdrawal.