Appeals Court Turns Away Ken Paxton’s State Fair Gun Ban Case

Appeals Court Turns Away Ken Paxton's State Fair Gun Ban Case

Texas Attorney General Ken Paxton’s legal challenge against the State Fair of Texas gun ban has been dismissed by a judge, setting the stage for a potential Texas Supreme Court battle.

At a Glance

  • A newly created state appeals court denied Paxton’s request to block the State Fair’s firearm ban.
  • Paxton argues the ban violates state law restricting government bodies from prohibiting weapons.
  • State Fair officials claim their right to enforce the ban as a private nonprofit.
  • The gun ban policy was announced after a shooting incident at the fair last year.
  • Paxton plans to appeal to the Texas Supreme Court.

Legal Battle Intensifies Over State Fair Gun Ban

Texas Attorney General Ken Paxton’s efforts to overturn the State Fair of Texas’ firearm ban have hit another roadblock. A newly created state appeals court denied Paxton’s request to block the ban, following a similar denial by the Dallas County District Court. The legal dispute centers on whether the State Fair, as a private nonprofit operating on city-owned land, has the right to prohibit firearms on its premises.

Paxton contends that the fair’s gun ban violates state law, which restricts government bodies from prohibiting weapons. However, State Fair officials argue they have the right to enforce the ban as a private nonprofit organization. The city of Dallas has distanced itself from the controversy, stating it has no role in the fair’s gun policy.

Safety Concerns and Legal Implications

The gun ban policy was implemented following a shooting incident at the fair last year, highlighting safety concerns for the millions of attendees. State Fair president Mitchell Glieber hailed the court’s decision as a victory for safety. However, several state lawmakers have petitioned against the new policy, claiming it reduces overall safety for fairgoers.

“The State Fair of Texas will continue to prioritize providing a safe and secure environment for our millions of fairgoers, as well as our staff, vendors, and volunteers,” Karissa Condoianis, a state fair spokesperson, said. She added that she believes it is their right as a private nonprofit to make the decision they believe is best for patrons.

Paxton’s Legal Strategy and Next Steps

Undeterred by the recent court decisions, Paxton has announced his intention to appeal to the Texas Supreme Court. His office argues that the fair acts under Dallas’s authority, making the ban illegal. Paxton has also withdrawn a previous legal opinion that allowed private nonprofits to ban guns on leased city land, a move seen by some as a litigation tactic.

“Neither the City of Dallas nor the State Fair of Texas can infringe on Texans’ right to self-defense,” Paxton wrote when unveiling the lawsuit.

The case has drawn significant attention as it raises questions about the intersection of private property rights, public safety, and Second Amendment freedoms. As the legal battle continues, the State Fair of Texas is set to open its doors, maintaining its stance on prioritizing visitor safety through the controversial gun ban policy.

Sources

  1. Appeals court says Texas State Fair can ban guns
  2. Dallas judge leaves State Fair of Texas gun ban in place
  3. Attor­ney Gen­er­al Ken Pax­ton Chal­lenges Unlaw­ful State Fair Firearms Ban In Texas Supreme Court