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Judge Denies Injunction Over Texas State Fair Gun Ban

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A Dallas judge wasted little time in denying an injunction that would have blocked the State Fair of Texas from prohibiting firearms throughout the 277-acre fairgrounds on Thursday, issuing a ruling from the bench that keeps the prohibition in place, at least for now. 

298th District Judge Emily Tobolowsky said attorneys for AG Ken Paxton and three Texas residents failed to produce enough evidence that the “gun-free zone” enacted by the fair board violates state statute. Though Paxton can appeal Tobolowsky’s decision, with the state fair set to begin next week, the plaintiffs are running short on time to get the judicial relief they’re seeking.

The suit describes the trio as wanting to exercise their right to carry a firearm onto government-owned property like the 277-acre Fair Park. Two of them are listed as licensed firearm holders, and the third isn’t.

One of the plaintiffs, Max Juusola, filed a complaint with the Attorney General’s office about the new fair policy the day it was announced.

The nonprofit group leases Fair Park from the city for the event, one of the state’s largest annual celebrations and the most attended fair in the country. Dallas officials have maintained city officials weren’t involved in the fair’s decision to enact the new policy, and fair officials say they believe it’s their right to take measures they deem fit to protect patrons.

Paxton and Tolbert didn’t attend Thursday’s hearing, and attorneys representing the state declined to comment afterward. Mitch Glieber, president of the State Fair of Texas, said after the hearing that the judge’s ruling was a victory for the Fair, that he didn’t rule out an appeal from the state, and that fair officials believe the new policy will help keep fairgoers safe.

I’m sure they do, but their belief isn’t a guarantee. It’s hard to secure a 277-acre campus, and individuals who want to circumvent the “no guns allowed” rule may still be able to find their way inside. The Texas State Fair changed its policy after a shooting last year, but the suspected shooter has been charged with (among other things) unlawfully carrying a firearm, and a lawsuit filed by one of the victims alleges that the fair failed to stop the shooter from bringing his gun onto the fairground property, despite the security screenings in place. 

More evidence that a “gun-free zone” policy is completely ineffective at preventing criminals from carrying guns into a supposedly sensitive place can be found a few hours north of Dallas. There was also a shooting at the State Fair of Oklahoma last year. Even though the fairgrounds in Oklahoma City was also ostensibly a “gun-free zone” complete with metal detectors at entrances, a 17-year-old still managed to get a gun past security and shot someone. 

If Paxton is unable to get the prohibition on lawful carry removed this year, the Texas legisature should act when lawmakers return to Austin next January. Republicans passed a bill in 2023 that was meant to protect the right to carry on government-owned property, but that law may need to be revised to specifically state that private corporations, including non-profits, that lease government property don’t have the authority to ban the carrying of firearms either. Otherwise, the actions of the fair board could soon be replicated by other non-profits across the Lone Star State, with “gun-free zones” popping up like wildflowers after a springtime thunderstorm on the Texas prairie. 

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