Dallas judge throws out Ken Paxton’s lawsuit over State Fair of Texas gun ban

From KERA News:

A Dallas County district judge dismissed Attorney General Ken Paxton’s lawsuit against the State Fair of Texas and the city of Dallas over the State Fair’s gun policy enacted at last year’s fair.

In a June 24 ruling, Judge Emily Tobolowsky granted the city and State Fair’s motions for summary judgment in their favor, or a decision without a full trial. Tobolowsky did not provide any reasoning for her decision in court documents.

Karissa Condoianis, a spokesperson for the State Fair, told KERA News organizers are pleased with the court’s ruling.

“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 supporter of the right of responsible gun owners in Texas,” Condoianis said. “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 fair will keep its current gun policy in place for this year’s fair, Condoianis said. She added the fair is grateful for the resolution of Cameron Turner’s criminal case.

Turner, who injured three people in a shooting at the fair that prompted the new gun policy and Paxton’s lawsuit, pleaded guilty last week to aggravated assault and illegally carrying a gun at the fair.

KERA News reached out to the City of Dallas and the attorney general’s office for comment and will update this story with any response.

The fair’s decision to ban all firearms from the event — excluding elected, appointed or employed peace officers — drew criticism from Republican lawmakers, gun rights groups like the National Rifle Association, and later, Paxton with his suit.

During a February hearing, attorneys for the state once again argued Dallas officials took action through fair organizers to ban guns at Fair Park — which is owned by the city and leased to the State Fair of Texas organization — in violation of the Texas Government Code.

State attorneys also argued the gun policy violates the state’s constitutional right to carry. Two licensed gun owners and one unlicensed gun owner joined as additional plaintiffs in the lawsuit to argue the same.

Paxton’s stance contradicted his own legal opinion from 2016 regarding a gun ban at the Fort Worth Zoo, but his office withdrew that opinion. In one court filing, attorneys for the state wrote the opinion addressed a circumstance in which the leaseholder of a government-owned property had exclusive control over it, but the State Fair “never has exclusive control of the 277-acre ‘fenced’ public park.”

Attorneys for Dallas and the State Fair argued fair organizers alone made the decision to enact the policy, not the city. Therefore, there was no government action to ban firearms at Fair Park. The State Fair organization is financially independent and not an agent of the city, attorneys said.

“The city believes that this is really an issue about private property,” Jeff Tillotson, an attorney for Dallas, told KERA News after the February hearing. “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.”

But the city, Paxton’s office argued, lawfully granted the State Fair permission to ban guns from Fair Park through its contract with the fair organization and endorsed the State Fair’s ability to prohibit licensed gun holders. Tobolowsky, the 15th Court of Appeals and the Texas Supreme Court didn’t find that argument persuasive upon the attorney general’s appeals.

The case picked back up after Republican state lawmakers attempted to pass laws addressing the claims made in Paxton’s lawsuit.

House Bill 1715 from Rep. Briscoe Cain, R-Deer Park, would have outright made it illegal for entities — including private contractors like the fair — to prohibit licensed gun owners from carrying firearms on government-owned property. That bill died in committee.

Senate Bill 1065 from Sen. Bob Hall, R-Edgewood, would have created a civil penalty against any contractor who banned guns on government-owned or leased property. The bill passed the Senate and a House committee but didn’t make it to the full House for a vote.

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