“The city believes that this is really an issue about private property,” said attorney Jeff Tillotson, who represented Dallas in the lawsuit. “We lease the property to a private entity—the State Fair of Texas—and, just like you have with respect to your home, they have the right to do what they want with respect to guests.”
A Dallas County court has dismissed Attorney General Ken Paxton’s lawsuit against the State Fair of Texas and the City of Dallas over the Fair’s blanket ban on firearms.
In a June 24 decision, Texas District Court Judge Emily G. Tobolowsky of the 198th District ruled in favor of the State Fair’s request for a summary judgement. She did not explain her reasoning in court documents.
A spokesperson for the State Fair of Texas has since told KERA News that organizers are pleased with the case’s outcome.
“The State Fair takes no political position on the complex issues related to the lawful carrying of firearms in Texas, and in fact has been and continues to be a strong support of the right of responsible gun owners in Texas,” State Fair spokesperson Karissa Condoianis told Kera News. “The State Fair’s No. 1 priority is the safety of our fairgoers, vendors, volunteers and staff, and we will continue to work with the Dallas Police Department to create a safe and secure environment.”
The State Fair of Texas implemented its firearm ban, which provides no exceptions for holders of concealed-carry permits, following a 2023 shooting. In that incident, a 23-year-old man opened fire on another fairgoer, hitting two others in the process. He was sentenced to 12 years in prison in June after pleading guilty to aggravated assault and the unlawful carrying of a firearm.
Texas Attorney General Ken Paxton’s lawsuit said that the Fair’s policy, circumstances notwithstanding, was in violation of a state law prohibiting “government entities” from banning licensed gun owners, except in legally-protected gun-free zones.
Although the State Fair of Texas is not run by a government entity, it does make use of land leased from the City of Dallas. However, Paxton’s stance contradicts his own legal opinion, issued in 2016. In that case, Paxton clarified that the Fort Worth Zoo has the right to prohibit firearms, as it is operated by the Fort Worth Zoo Association, a private, not-for-profit organization.
In response to Paxton’s lawsuit, the State Fair argued that its organizers, who are not themselves employed by a local or state government, determined that a firearm ban was necessary; this decision was made without input or guidance from the City of Dallas.
“The city believes that this is really an issue about private property,” said attorney Jeff Tillotson, who represented Dallas in the lawsuit. “We lease the property to a private entity—the State Fair of Texas—and, just like you have with respect to your home, they have the right to do what they want with respect to guests.”
Sources
Dallas judge throws out Ken Paxton’s lawsuit over State Fair of Texas gun ban
Gunman in 2023 State Fair of Texas shooting pleads guilty before trial was set to begin
Ken Paxton withdraws legal opinion contradicting his current stance on State Fair of Texas gun ban
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