Texas AG Challenges State Fair Policy in Surprising Legal Move

Texas AG Challenges State Fair Policy in Surprising Legal Move

Texas Attorney General Ken Paxton condemns the State Fair of Texas’ firearms ban, citing it as a violation of the Second Amendment, and threatens legal action if not resolved.

At a Glance

  • Texas AG Ken Paxton threatens legal action against Dallas over State Fair’s gun ban
  • Paxton issues 15-day deadline to resolve the dispute
  • Potential civil penalties range from $1,000 to $1,500 per day
  • The ban follows a shooting incident at last year’s fair
  • Security measures include cameras at entrances

Paxton’s Stand on the Firearms Ban

Texas Attorney General Ken Paxton has publicly condemned the State Fair of Texas’ decision to prohibit firearms from its venue. Paxton argues this ban infringes on Second Amendment rights, voicing his position in letters and public statements. He has threatened legal action if the ban is not lifted within 15 days. The disputed ban arose after a shooting incident at last year’s fair, which led organizers to bolster security measures.

Paxton mentions potential civil penalties ranging from $1,000 to $1,500 per day for non-compliance. His stance has significant support from several state lawmakers and gun rights organizations, including the NRA, which argue that the ban makes the fair less safe. The State Fair of Texas, however, maintains that the ban is in place to create a family-friendly environment, emphasizing visitor safety.

Dallas’ Response and Legal Implications

The city of Dallas is currently reviewing Paxton’s letter and will respond accordingly. State Fair officials are also awaiting guidance from the city and have expressed their readiness to cooperate. Some council members, like Adam Bazaldua, have criticized Paxton’s actions, viewing them as partisan politics rather than genuine concern for public safety. Bazaldua believes the State Fair has the authority to enact the policy and views it as a necessary measure to maintain safety in crowded areas.

“Dallas has fifteen days to fix the issue. Otherwise, I will see them in court,” Paxton said in a statement.

Paxton’s office maintains that the firearm policy violates state law, which stipulates that licensed gun owners can carry firearms in government-owned or leased places unless state law explicitly prohibits it. As Fair Park is government-owned and leased to the State Fair of Texas during the event, Paxton contends the new policy is unlawful.

Precedents and Broader Implications

Paxton’s objection to the State Fair’s policy brings into focus the ongoing national debate on gun control and public safety. Other major Texas events like the Houston Livestock Show and Rodeo, Rodeo Austin, and the San Antonio Livestock Show and Rodeo have similar bans in place, aimed at creating safe and welcoming environments. Paxton’s legal challenge, if it proceeds, could set a significant precedent affecting similar events statewide.

“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 State Fair aims to implement additional security measures such as cameras at entrances and has stated it will not provide lockers or bag checks for larger bags, striving to ensure a safe environment for all attendees. However, the controversy highlights the tension between ensuring public safety and protecting constitutional rights at public events.

Sources

  1. https://www.texastribune.org/2024/08/14/ken-paxton-texas-state-fair-dallas/
  2. https://www.texasattorneygeneral.gov/news/releases/attorney-general-ken-paxton-warns-city-dallas-end-state-fair-firearms-policy-unlawfully-infringing
  3. https://www.nbcdfw.com/news/local/tx-attorney-general-threatens-dallas-to-end-new-stair-fair-firearms-policy-saying-it-violates-2nd-amendment/3621202/
  4. https://www.cbsnews.com/texas/news/texas-ag-ken-paxton-threatens-to-sue-dallas-over-state-fair-banning-concealed-carry/
  5. https://www.lmtonline.com/news/houston-texas/article/texas-state-fair-guns-19656028.php
  6. https://www.texasstandard.org/stories/texas-state-fair-firearm-ban-ken-paxton/
  7. https://www.yahoo.com/news/ken-paxton-threatens-sue-state-032800509.html
  8. https://www.houstonchronicle.com/politics/texas/article/texas-state-fair-gun-ban-ken-paxton-threatens-19656139.php
  9. https://michiganlawreview.org/journal/securing-gun-rights-by-statute-the-right-to-keep-and-bear-arms-outside-the-constitution/