Court in Dallas Overturns Legal Action by Attorney General Against State Fair's Gun Restrictions
In a recent ruling, Texas District Court Judge Emily G. Tobolowsky of the 198th District has sided with the State Fair of Texas, granting a summary judgement in favour of the organisation's request to enforce a firearm ban on its leased property. The decision upholds the private entity's right to impose such restrictions, even though Texas state laws generally permit licensed gun owners to carry firearms on government property.
The State Fair of Texas, which is a private nonprofit organisation leasing city-owned property at Fair Park, implemented the firearm ban following a shooting incident in 2023. The organisation argued that, as a private entity, it has the authority to restrict firearms on its premises.
This interpretation of the law has been supported by various courts, including Dallas County judge, the 15th Court of Appeals, and the Texas Supreme Court. These courts have consistently dismissed lawsuits brought by Texas Attorney General Ken Paxton that challenged the firearm ban. They agreed that the State Fair, as a private entity, has the right to impose firearm restrictions on its leased property.
Legislative attempts to prohibit such bans by private entities leasing government land have also failed. For instance, bills that would have banned private lessees like the State Fair from enforcing firearm bans on government-owned property did not pass out of committee.
This legal principle extends to private property owners, including businesses and private entities leasing property, who can prohibit firearms on their property by providing proper notice, even though Texas has broadly allowed licensed open and concealed carry since 2021.
The State Fair of Texas leases land from the City of Dallas, similar to a homeowner, giving it the right to decide on firearm policies. It is worth noting that the Dallas County court has dismissed Attorney General Ken Paxton's lawsuit against the State Fair of Texas and the City of Dallas over the Fair's blanket ban on firearms.
The State Fair of Texas takes no political position on the lawful carrying of firearms in Texas but prioritises the safety of its fairgoers. The organisation will continue to work with the Dallas Police Department to create a safe and secure environment.
This decision marks a significant development in the ongoing debate surrounding firearm policies in public spaces. It underscores the legal rights of private entities leasing government-owned property to enforce firearm bans, despite state statutes that limit government entities from doing so directly.
Interestingly, Ken Paxton's current stance on the State Fair of Texas gun ban contradicts his previously held position, as evidenced by his withdrawn 2016 legal opinion stating that a private, not-for-profit organisation like the Fort Worth Zoo has the right to prohibit firearms.
The State Fair of Texas's firearm ban, which provides no exceptions for holders of concealed-carry permits, was determined by its organisers, not the City of Dallas. The 23-year-old man responsible for the 2023 shooting incident at the State Fair pleaded guilty before trial and was sentenced to 12 years in prison in June after pleading guilty to aggravated assault and the unlawful carrying of a firearm.
As the debate over firearm policies in public spaces continues, this ruling serves as a reminder of the complexities inherent in balancing individual rights with public safety concerns.
The State Fair of Texas, as a private entity leasing property from the City of Dallas, can impose firearm restrictions on its leased property, a ruling supported by various courts, including the Texas Supreme Court. This legal principle also applies to other private property owners, allowing them to prohibit firearms on their property.
Despite Texan laws generally permitting licensed gun owners to carry firearms on government property, the ongoing debate surrounding firearm policies in public spaces underscores the legal rights of private entities leasing government-owned property to enforce firearm bans.
