State Fair of Texas firearms ban stands after judge's ruling
DALLAS – A Dallas County judge denied an effort to impose an injunction that would have forced the State Fair of Texas to allow visitors to carry guns.
Judge Emily G. Tobolowsky ruled almost immediately in favor of the City of Dallas and the State Fair after attorneys finished their closing statements early Thursday afternoon. The 2024 edition of the fair gets underway next Friday, Sept. 27.
The office of Texas Attorney General Ken Paxton filed a lawsuit against the State Fair of Texas and the city of Dallas late last month over the fair's policy that prohibits most visitors from carrying guns or other weapons. The lawsuit claimed the city and the fair are violating state law by banning most people from bringing firearms onto public property. The dispute boiled down to whether the fair, as a private entity leasing public land, is subject to the same legal restrictions around prohibiting guns as the city or another public entity.
On Thursday, the judge denied Paxton's request for an injunction to stop the firearms ban. Lawyers for Paxton's office declined to say whether they'd appeal. But attorneys for the State Fair say they are prepared.
"Obviously, this is still pending litigation," attorney Robert Smith said. "Obviously, we're very pleased with the judge's ruling. We think it's the right ruling. But we still have a ways to go. And this is going to continue."
But for now, "licensed to carry" doesn't include the State Fair of Texas.
"We're just ready to turn our attention to the state of Texas," Glieber said. "Eight days away from opening, we're ready to go in, hoping that we can keep our folks as safe as humanly possible. That's the goal."
The State Fair of Texas implemented its weapons policy after a fairgoer shot and injured three people last year. Despite Paxton's threats of a lawsuit, the fair decided to keep its policy.
"There was a shooting last year, and we decided that ultimately it was in the best interest for the safety of our fairgoers, vendors and staff to prohibit firearms," State Fair President Mitchell Glieber said.
Testifying during the roughly three-hour hearing Thursday, Glieber told Judge Tobolowsky that the City of Dallas was not involved in the decision to ban weapons. The State Fair leases Fair Park from the city and operates independently.
"Fairgoers are made up of a lot of families with small children," Glieber said during the hearing. "They are not comfortable coming to an event where there are that many firearms in individuals' hands."
Under the new rules announced last month, only active and retired police officers are allowed to carry firearms.
After the ban was announced, Paxton's office filed a lawsuit arguing that Fair Park was public property and a firearms ban would violate gun owners' Second Amendment rights.
"Citizens of our state are being denied equal access to public space, citizens are being denied the right to protect themselves if this policy is left in place," said Ernest Garcia with the AG's office. "Criminals are going to know that no one in Fair Park is going to be able to defend themselves."
Jim Harris, an attorney for the State Fair, argued that there is "no affirmative right to come onto private property with a weapon."