Texas Attorney General Ken Paxton filed a lawsuit against the City of Dallas and the State Fair of Texas for banning firearms from the State Fair. The Texas State Fair is held in the State Fair Park, which the City of Dallas owns. It contracts with the State Fair of Texas to manage the annual fair, which is held on public property. Under Texas state laws, guns cannot be banned on government-owned public property.
Earlier in August, the City of Dallas announced that the Texas State Fair would prohibit carrying firearms within the fairgrounds, which, according to Attorney General Ken Paxton, directly contradicts Texas State law. Texas State law prevents gun bans in places owned or leased by government entities unless the carry of firearms is statutorily prohibited, such as a court building. Paxton gave the City of Dallas a fifteen-day notice to reverse course and lift the gun ban at the Texas State Fair. The city ignored the warning and pushed through the gun ban, stating it did not violate Texas law.
If a gun owner is caught at the fair with a firearm, even if they have a license to carry that firearm, then they will be charged by the Dallas Police Department (DPD) with criminal trespassing. The DPD is on record, stating they are ready and willing to issue such charges against lawful gun owners. These statements make the threat of enforcement credible. A threat of enforcement is needed to have standing to sue.
After the deadline had expired, the gun ban was still in place by the City of Dallas at the Texas State Fair. AG Paxton was not bluffing and has filed a lawsuit against the City of Dallas and the State Fair of Texas in an attempt to block the “gun-free zones.” The AG claims that the city is trying to infringe on Texans’ right to bear arms. He is asking the court to grant injunctive relief to prevent local law enforcement and the city from enforcing a gun prohibition on the fairgrounds.
“Municipalities cannot nullify state law, nor can they avoid accountability by contracting official functions to nominally third parties,” said Attorney General Paxton. “Neither the City of Dallas nor the State Fair of Texas can infringe on Texans’ right to self-defense. I warned fifteen days ago that if they did not end their unlawful conduct, I would see them in court, and now I will.”
In the leasing agreement, the City of Dallas is indemnified from anything that happens at the fair unless it is due to gross sole negligence by the city. This indemnification includes all criminal and civil lawsuits. This section of the lease means that Dallas cannot use the fear of a lawsuit as a justification for the gun ban. The lease agreement signed by both the City of Dallas and Texas states that the agreement is governed by the laws and courts of Texas. AG Paxton is claiming the city is Violating this clause.
Certain areas inside the fairgrounds are statutorily “gun-free zones.” These locations include places such as facilities where high school, collegiate, professional sporting or interscholastic events are held. Dallas might try to use these facilities as an argument for why it can ban guns, but the vast majority of the 277-acre property is outside these facilities.
AG Paxton is asking for an injunction preventing the enforcement of the ban. He is also demanding that “gun-free zone” signs be removed. His arguments are straightforward. The ban violates the lease and violates state law. City manager Kimberly Tolbert is unwilling to budge on the issue, which means it will be settled in court.
About John Crump
Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @crumpyss, or at www.crumpy.com.
So when she is found in violation of the law she needs to be jailed.
Paxton should file charges against her for this violation of state law.
Call their bluff. Seems to me that AG Paxton should send one or more people to the fair exercising their rights and wait for those people exercising their rights to be arrested. At that point state level LEOs can arrest the Dallas officers for violating the citizens’ rights. That would force a legal battle with a lawsuit of violating the arrested citizens’ rights against the arresting officers, the department, the City of Dallas, AND the members of the city council who voted in favor of the ban. That would make it personal to the city council. Politicians too often don’t… Read more »
Mr. Kelner, the executive director of NRAWC had a A.D. which resulted in personal injury. The “Chairman” is Mr. Schmeits, past NRA president, current NRA BoD,