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State Fair of Texas gun ban to go before judge
The State Fair of Texas' new gun policy is being challenged by Attorney General Ken Paxton. A judge could issue a decision on the ban as soon as tomorrow.
DALLAS - The State Fair of Texas starts next Friday with uncertainty about its new restrictions on gun owners.
Texas Attorney General Ken Paxton says the fair is violating state law by banning license to carry holders from bringing guns onto the fairgrounds.
The State Fair is run by a nonprofit organization and the property is owned by the City of Dallas. Because it is city-owned property, Ken Paxton argues both parties are violating a state law.
Meanwhile, the fair is standing by their ban.
(Photo by Greg Nelson /Sports Illustrated via Getty Images)
Both sides are expected to be in a Dallas courtroom on Thursday morning where a judge could issue a ruling immediately. Experts expect that ruling to be appealed no matter what.
Texas was an outlier when it came to state fairs. Most ban concealed carry.
How did we get here?
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PREVIOUS COVERAGE: Lawmakers push back against State Fair gun policy
The State Fair of Texas announced that licensed gun owners would not be allowed to carry inside the fair this year. FOX 4's Steven Dial talked with State Rep. Brian Harrison (R-Waxahachie) about the policy change and the push from Texas Republicans to have the policy changed back.
The State Fair implemented the new gun policy following a shooting last year, although the suspect in that case was not a licensed gun owner.
Dozens of Republican lawmakers called for the fair to reverse course. When the fair refused, Paxton quickly sued the City of Dallas, claiming the city is responsible for rules on its property.
In its last session, the state legislature expanded gun rights on public property.
Constitutional lawyer David Coale believes Paxton is leaning on that statute.
"The practical problem is most public places where people want to go aren't operated by the government. It's the State Fair, the aquarium, the zoo. It's some private business operating on a lease by the city. So, yeah, we've got this new statute, but what is unclear is who really owns this property when you have a lease," Coale said.
Paxton withdraws 2016 opinion
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Ken Paxton supported nonprofit gun bans in 2016
Texas Attorney General Ken Paxton is involved in a legal battle with the city of Dallas over a new policy banning guns at the State Fair of Texas. But in an opinion he issued in 2016, Paxton supported the idea of a nonprofit prohibiting concealed weapons on city-owned property. Paxton withdrew that 2016 opinion regarding the Fort Worth Zoo earlier this month.
In 2016, Paxton gave a non-binding opinion giving nonprofits to take actions like the fair.
In fact, in that same year, Paxton's office told the Fort Worth mayor that the Fort Worth Zoo was within its rights to ban concealed carry.
On Sept. 10, after Paxton sued Dallas, he withdrew that 2016 opinion.
(Photo by Robert Daemmrich Photography Inc/Corbis via Getty Images)
Coale says that is not an uncommon action, but will certainly be used against the Attorney General in court.
"Attorney General opinions are useful, but they are not court precedent. They are not binding. They do get withdrawn and amended from time to time and that's in his judgement to do that. The question is who owns the State Fair for purposes of our law about public places. Is it the city who owns the land where the fair is or is it the State Fair of Texas, the entity who operates it, because they have leased it and do all the things that make it into the fair?" asked Coale.