Appeals court says Fair can ban guns

By Juan Salinas II, The Texas Tribune

A newly created state appeals court denied Texas Attorney General Ken Paxton’s request to temporarily block the State Fair of Texas’ policy banning all firearms from its fairgrounds as the event is set to start Friday.

The ruling comes after a Dallas County District Court struck down a similar request from Paxton on the new policy. The District Court Judge agreed with State Fair officials that they could enforce a gun ban as a private nonprofit.

Paxton says the Fair’s gun ban violates state law, which bars most government bodies from prohibiting weapons. Fair officials say it has the right as a private nonprofit, and the city of Dallas says it has no role in the Fair’s gun policy.

Paxton said on social media Tuesday evening that he will next ask the Texas Supreme Court to overturn the ban. The State Fair begins Friday.

Fair officials and law enforcement announced the policy change last month, roughly a year after a gunman opened fire at the Fair, injuring three people. Officials also announced it will have security cameras at entrances and will not provide storage for larger bags.

A week after the policy change, several state lawmakers signed a petition pressuring Fair officials to rescind it, saying the new policy makes the Fair less safe.

Shortly after, Paxton sent Fair officials and Dallas’ interim city manager a letter giving them 15 days to rescind the policy or else face legal action from his office.

Dallas owns Fair Park, where the 24-day event takes place annually, but State Fair of Texas, a nonprofit organization, operates the park and various city buildings and walkways within the property, per a 25-year agreement between the two entities.

A week before the Dallas District Court hearing, Paxton withdrew an eight-year-old legal opinion that allowed private nonprofits to ban guns on land they lease from a city.

After last week’s ruling by the Dallas County District Court, Paxton announced he would turn to the 15th Court of Appeals, a new state court lawmakers created last year to handle cases involving the state or businesses. 

Critics fear the court is an effort by Republicans to circumvent Democrat-dominated courts, while proponents say the court will increase efficiency.

Since Fair Park is owned by Dallas, the nonprofit’s policy change violates state law, which allows licensed gun owners to carry in places owned or leased by governmental entities, unless otherwise prohibited by state law, according to Paxton’s lawsuit. Texas law establishes that schools and courtrooms are considered gun-free zones and allows others, such as amusement parks or educational institutions, to institute their own bans on firearms.

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

In his letter to the interim city manager, Paxton acknowledged that some buildings on the Fair Park premises, like the Cotton Bowl and other buildings used for scholastic events, are areas where guns are prohibited by state law.

“However, the entirety, or vast majority of the 277-acre Fair Park of Dallas is not a place where weapons are prohibited,” Paxton wrote.

The city of Dallas disagreed with Paxton’s allegations, explaining that city officials weren’t involved in the State Fair’s decision to enforce a gun ban.

“The State Fair of Texas is a private event operated and controlled by a private, nonprofit entity and not the City,” a Dallas spokesperson said in a statement.

Fair officials believe they could enforce a gun ban as a private nonprofit and are standing by their decision.

“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 Fair spokesperson, has said. “As a private, not-for-profit organization leasing Fair Park for our annual State Fair, we believe we have the right to make this decision and maintain that it is the correct decision to protect the safety of our patrons.”

This is the first high-profile case for the newly established 15th Court of Appeals, the judges of which were appointed by Gov. Greg Abbott.

Tuesday’s ruling might cool some Democrats’ concerns that the court was created to secure more Republican-friendly decisions.

Additionally, Paxton’s effort to block the Fair gun ban adds to a long list of cases that his office pursues scrutinizing policy decisions from local governmental entities with more liberal-leaning leadership — voter registration, among the latest.

This article originally appeared in The Texas Tribune. The Texas Tribune is a member-supported, nonpartisan newsroom informing and engaging Texans on state politics and policy. Learn more at texastribune.org.