Officials with the State Fair of Texas are coming under further fire for their announced carry ban at this year’s fair following 71 House Republicans and Republican nominees putting pressure on them to back off the ill-conceived idea.
Last week, State Fair officials, in collaboration with law enforcement, announced the updated policy banning all firearms, including those carried by licensed holders, from the fairgrounds. This decision marks a significant shift from previous years when licensed concealed carry was permitted at Fair Park.
The new policy, which also includes the installation of weapons detection technology at entrances, aims to enhance security following last year’s shooting, in which three people were injured at the fair’s food court. It was the sweeping ban that prompted the ire of Republican lawmakers.
On Wednesday, Texas Attorney General Ken Paxton said in a letter to fair officials that the State Fair of Texas’ new gun policy violates Texas law. And if they don’t fix the problem in the next two weeks, he plans to sue the City of Dallas over the ban.
According to the AG’s office, in 2002 the City of Dallas entered into a 25-year lease with the State Fair of Texas authorizing the nonprofit organization to take control of the governmental function of Fair Park during the 24 days of the annual event. Consequently, the new carry rule directly violates state law, which permits licensed gun owners to lawfully carry in places owned or leased by governmental entities unless otherwise prohibited by state law.
“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,” Paxton said in a news release from his office. “The State Fair of Texas’s recent policy that infringes on LTC holders’ Second Amendment rights is unlawful. Dallas has 15 days to fix the issue, otherwise I will see them in court.”
The letter to fair officials fully spelled out why the AG considers the carry ban unlawful.
“Our office views this statement by the State Fair of Texas as an implication that the City of Dallas (a political subdivision of the state) is prohibiting a license holder from entering or remaining on premises or other place owned or leased by the City of Dallas in violation of [state law],” the letter stated. “To the extent that the State Fair of Texas, as a nonprofit organization, may have considered Texas Attorney General Opinion KP-0108 in making its decision to exclude license holders from the entirety of the 277-acre Fair Park and all of its buildings, walkways and sidewalks, such reliance was misplaced in regard to the 277-acre Fair Park.”
It seems the next move is up to fair officials and what they decide to do concerning the firearms ban. And they don’t have a lot of time to make that decision.
“As the Attorney General has determined that legal action is warranted based upon the above referenced violation, the City of Dallas is hereby given 15 days from receipt of this notice to cure this violation,” the letter concluded. “Should the violation not be cured, our office may file suit to seek injunctive relief and collect civil penalties of not less than $1,000 and not more than $1,500 for each violation, with each day of a continuing violation constituting a separate violation.”
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