Texas Attorney General Ken Paxton has intensified his efforts to challenge the gun ban imposed at the State Fair of Texas, a private nonprofit event held on city-owned land in Dallas. 

This week, Paxton withdrew an eight-year-old legal opinion that had previously allowed private nonprofits to enforce a gun ban on land leased from the City of Dallas. The move comes as Paxton continues to challenge the nonprofit State Fair of Texas’ prohibition on firearms at the event.

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The State Fair Gun Ban

The State Fair of Texas, held at Fair Park, is scheduled to run from Sept. 27 through Oct. 20. Fair Park is owned by the City of Dallas and leased to the nonprofit organization that operates the fair. 

Last year, the fair experienced a shooting incident that left three people injured, prompting event organizers to enforce a firearm ban in an effort to improve safety at the event.

Some Republicans agree with Paxton. Others do not.

However, the ban has drawn criticism from some Republican lawmakers who argue that it is counterproductive. They believe that allowing firearms would increase public safety rather than jeopardize it. Some GOP members have suggested that the State Fair should adopt a "gun-free zone" status, similar to courthouses and airports.

In court filings, Paxton asserts that the private fair organizer operates under the city’s authority and, as such, cannot legally ban firearms on city-leased land. On the other hand, city and fair officials argue that the City of Dallas has no control over how the nonprofit operates the event, maintaining that the gun ban is a legitimate and independent decision by the fair organizers.

Paxton’s 2016 Opinion Changes

Paxton’s legal battle is complicated by an opinion his office issued in 2016, which is now being scrutinized.

 In 2016, Paxton’s office ruled that private entities leasing government-owned land could post notices banning guns without fear of legal repercussions, provided the government had no influence over that decision.

This opinion was later cited in allowing the Fort Worth Zoo, which operates on city-owned land under a nonprofit contract, to enforce a gun ban.

Paxton’s office has since distanced itself from this opinion. 

Last month, Paxton's administrative law chief, Ernest Garcia, sent a letter to Dallas interim city manager Kimberly Tolbert, indicating that any reliance on the 2016 opinion to support the State Fair’s gun ban was “misplaced.” The letter did not explain why the 2016 opinion no longer applied.

Legal Action Looms

The attorney general’s office is currently reviewing the matter and is expected to release a new opinion soon. The decision to withdraw the 2016 opinion follows questions raised by two Republican lawmakers, who asked whether the State Fair of Texas operates in conjunction with the City of Dallas and, therefore, is prohibited from banning firearms under state law.

The State Fair’s Response

In response to Paxton’s legal challenge, attorneys for the State Fair of Texas have strongly denied that the City of Dallas exerts any control over the event. In a letter to Paxton, they described the assumptions about the nonprofit’s relationship with the city as “mistaken.”

“There is no overlapping leadership structure between [the State Fair of Texas] and the City,” the fair’s attorneys wrote. “The fair is governed by a 20-person board of directors, none of whom are government officials or employees.”

Additionally, the attorneys emphasized that the nonprofit is financially independent from the city and receives no public funds to operate the fair.

The State Fair's attorneys also pointed to a previous court ruling, which found that the city has no influence over the nonprofit's internal decision-making, dismissing any claims that the fair is simply a “shell corporation” for the City of Dallas.

AUTHOR’S NOTE

The ongoing legal battle between Attorney General Paxton and the State Fair of Texas has raised important questions about the authority of private organizations to impose firearm restrictions on public land. 

As a resident of Dallas, Texas and someone that has often attended the State Fair I am not unbiased on this topic. 

I am 100% in favor of the 2nd amendment and gun owners' rights. But I am also 100% in favor of the State Fairs gun ban policy.

 I lived for years across the street from a neighbor that waved his gun around at anyone that looked in his direction. That same guy had a mentally ill son that was homeless, but he only allowed him to sleep in the backyard because he didn’t want him to have access to the many guns stored in his house.

In Texas gunowners have often saved their own lives by having a weapon nearby. This is a good thing.

Nevertheless, I think places like the Fair and the Zoo should be screened for guns to make them a little bit safer as the crime increases around us.