Texas Attorney General Ken Paxton threatens lawsuit over State Fair of Texas gun policy
DALLAS – Texas Attorney General Ken Paxton has sent a notice to the City of Dallas, threatening a lawsuit over the State Fair of Texas' new gun policy.
Paxton said the State Fair of Texas policy, announced earlier this month, violates state law which permits licensed gun owners to lawfully carry in places owned or leased by governmental entities. Fair Park, where the annual State Fair of Texas is held, is owned by the City of Dallas.
Last year, 23-year-old Cameron Turner opened fire at the fair, shooting three people. State fair officials said Turner was not licensed and they are not sure how he got the gun inside the fairgrounds.
In response to that shooting, the fair announced the new gun policy which "prohibits fairgoers from carrying all firearms, knives with blades over 5.5 inches long, clubs, explosive devices, ammunition, chemical dispensing devices, replicas or hoaxes, or weapons of any kind. This includes concealed carry and open carry of firearms anywhere on the fairgrounds including Cotton Bowl Stadium. This policy does not include elected, appointed, or employed peace officers."
Officials cited similar bans at other large Texas events, such as the Houston Livestock Show and Rodeo, Rodeo Austin and the San Antonio Livestock Show and Rodeo, as supporting evidence.
The Houston Livestock Show and Rodeo stated, "As a cherished community tradition, we strive to create an environment where all guests feel safe and comfortable. Our firearms policy is one of many measures we implement that contributes to the safe and welcoming atmosphere."
The State Fair of Texas echoed this reasoning, with representative Karissa Condoianis saying, "We accept people's rights and we are in support of those, this is just a measure to create a further family-friendly atmosphere."
Paxton added that legal action is warranted and gave the City of Dallas 15 days to get the policy changed.
"Texas law clearly states that license to carry holders may not be prevented from carrying a firearm on property owned or leased by the government unless otherwise prevented by state statute," Paxton said. "The State Fair of Texas's recent policy that infringes on LTC holders' Second Amendment rights is unlawful. Dallas has fifteen days to fix the issue, otherwise I will see them in court."
On Monday, 70 state lawmakers signed a letter opposing the ban, saying that it doesn't make people safer.
"We want to make sure we are standing up for the folks that are going out there and getting these licenses and making sure they are able to take on that challenge if something does arise," said Texas State Rep. Frederick Frazier of McKinney.
Despite the pushback, the State Fair reiterated on Tuesday that no changes would be made to the policy.
On Wednesday, Paxton warned the City of Dallas that the ban infringes on Texas gun owners' rights, as Fair Park is government-owned property.
"Texas law clearly states that license to carry holders may not be prevented from carrying a firearm on property owned or leased by the government unless otherwise prevented by state statute," Paxton said in a letter to the city.
The statement ended with a threat: "Dallas has fifteen days to fix the issue, otherwise, I will see them in court."
In response, the State Fair said, "We are aware that the Texas Attorney General's Office sent a letter to the City of Dallas about the recent announcement concerning firearms at the annual State Fair. It appears from the letter that the Attorney General's Office is seeking clarification regarding the City's relationship with the State Fair of Texas – a private, not-for-profit organization – and the State Fair's use of Fair Park under a long-term lease agreement between the two parties. We have not spoken with the City yet but stand ready to cooperate with them, as needed."
As the fair tries to stay out of the legal battle, the City of Dallas and the Attorney General's Office have not responded to requests for comment.