It's Up to Texas Lawmakers to Get Rid of This 'Gun-Free Zone'

When the State Fair of Texas announced it was changing its policy on concealed carry and prohibiting the practice during last year's fair, Texas Attorney General Ken Paxton quickly launched a lawsuit challenging the move. Paxton was unable to get an injunction blocking the decision before the 2024 state fair took place, but the litigation has continued in the months since. 

Last week, however, Dallas County Judge Emily Tobolowsky formally granted summary judgement to the city of Dallas and the Texas State Fair, dismissing Paxton's challenge. Though the AG can and probably will appeal Tobolowsky's decision, I'd say the odds of success are pretty slim given that Paxton's prior appeals of the denial of a temporary injunction were turned away by both an appellate court and the Texas Supreme Court.

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.

I don't know the intricacies of Texas statute well enough to have an informed opinion on the strength of Paxton's argument or the merits of Tobolowsky's ruling. What I do know is that the best way to get rid of this "gun-free zone" is for the legislature to adopt a bill that specifically prohibits entities from prohibiting lawful carry on government-owned property that's leased to them. 

Lawmakers came close this year with SB 1065, authored by Sen. Bob Hall .If adopted, it would have allowed for entities like the Texas State Fair to face civil penalties if they prohibited concealed carry on government-owned or leased property. The bill cleared the Senate and was approved by a House committee, but the legislature adjourned without the measure getting a vote by the full House. 

That means this will almost certainly be the second year in a row that fairgoers will be denied the right to carry. With the Texas legislature only meeting every other year, lawmakers won't have the chance to address this "gun-free zone" until January, 2027 unless Gov. Greg Abbott calls a special session, which might allow legislators to bring this up sooner. Even if Paxton successfully appeals Tobolowsky's decision, there's no way the appeals court is going to hear arguments and issue a ruling before this year's fair begins in September. 

I'm sure the fair will be well-attended, but visitors are going to be less safe than they should be; not only within the confines of the fairgrounds itself, but on their way to and from the festivities. It's a shame Tobolowsky has allowed the gun ban to stand, and it's frustrating that any legislative relief will be a long time coming.