When the State Fair of Texas announced that this year’s event would be a “gun-free zone”, Texas Attorney General Ken Paxton was quick to point out that the prohibition on lawful carry was contrary to state law, and he warned the fair’s board and the city of Dallas that a lawsuit would be filed if the ban wasn’t rescinded. 

With the fair set to kick off in less than a month, Paxton followed through on his threat on Thursday by suing the city and the state fair in district court. Paxton is asking the court to block the ban through both temporary and permanent injunctions, arguing that while While some portions of Fair Park are “gun-free zones” as established by state statute, the “vast majority of the 277-acre Fair Park in Dallas is not a place where weapons or firearms are prohibited.” 

If the fair moves forward with its carry ban, Paxton says lawful gun owners are either subject to arrest, or are going to be forced to comply with an unlawful rule in order to enter the fair. 

The City of Dallas and/or Kimberly Bizor Tolbert, through law enforcement officers of the Dallas Police Department are about to perform law enforcement tasks at the State Fair, which is the subject of this litigation including the arrest of licensed carry holders, in violation of the rights of such licensed carry holders and in violation of our state law, which would render any judgment in this case ineffectual. In addition, or in the alternative the plaintiff is entitled to ani njunction under the principles of equity and the penal statutes of this state. In addition, or in the alternative should these arrests occur, it will cause irreparable injury to the personal reputations of our licensed carry holders, irrespective of any remedy at law.

Paxton also points out that neither the non-profit that runs the fair nor the city of Dallas (which owns Fair Park) has the authority under state law to declare the vast expanse a “gun-free zone”. Texas has a firearms preemption statute in place that precludes local governments or political subdivisions from enacting their own local gun control laws, but that’s essentially what the fair with its new policy. 

The non-profit that runs the fair has yet to respond to the lawsuit, either officially or in the press, but the city of Dallas did release a statement suggesting it had nothing to do with the decision to designate the fairgrounds as a “gun-free zone.” 

In a statement, the city government of Dallas said it is “aware of the lawsuit filed by the State of Texas and disagrees with the allegations against the City and interim city manager. The City was not involved in the State Fair of Texas’ announcement of its enhanced weapons policy. The State Fair of Texas is a private event operated and controlled by a private, non-profit entity and not the City.”

According to Paxton, it doesn’t matter if Dallas officials were not directly involved in the creation of the new policy. The AG says the “lease agreement [between the city and State Fair of Texas] also expressly states that the agreement is governed by and construed in accordance with the laws and court decisions of the State of Texas”, meaning it can’t conflict with state law. And since state law prohibits “gun free zones” in places owned or leased by governmental entities unless specifically authorized by statute, the city of Dallas has an obligation to ensure that those entities who lease city-owned property comply and comport with state statute. 

While the right to keep and bear arms is at the heart of Paxton’s lawsuit, the fundamental question for the judge who’ll decide on an injunction is whether Dallas or the non-profit that runs the fair has the authority to declare the 277-acre campus a “gun-free zone” while the fair is taking place. Paxton makes a very strong case that the non-profit has overstepped with its edict, and hopefully by the time the state fair officially opens an injunction will be in place allowing legal gun owners to lawfully carry on the grounds.