Attorney General Ken Paxton is suing the city of Dallas and the State Fair of Texas over the fair's new gun ban for this year's event.
Paxton sent a notice Aug. 13 giving Dallas 15 days to order State Fair officials to reverse their new policy banning firearms from Fair Park before he sued.
Dallas officials said in a written response to the attorney general that the city did not violate state law, according to the lawsuit filed in Dallas County district court Wednesday.
Dallas owns Fair Park and leases the property to the fair organizers for its annual event. State law prohibits government entities from banning licensed gun owners from government-owned or leased property — unless it’s a legally protected gun-free zone like a school or courthouse.
Paxton therefore said the fair's new policy is illegal, and Dallas has enforced it by implication.
“Municipalities cannot nullify state law nor can they avoid accountability by contracting official functions to nominally third parties,” Paxton said in a statement. “Neither the City of Dallas nor the State Fair of Texas can infringe on Texans’ right to self-defense.”
Paxton is asking the court to prevent Dallas and the State Fair from enforcing the firearm policy. He’s also asking the court to prohibit Dallas police officers from arresting licensed and unlicensed gun carriers for criminal trespass. The lawsuit cites the Texas Penal Code, which allows a gun license holder to carry a handgun on government owned or leased property.
Paxton is seeking up to $250,000 in monetary relief.
The city of Dallas initially declined to comment due to pending litigation. But in an updated statement to KERA News Thursday evening, a spokesperson wrote the city disagrees with the allegations against Dallas and Interim City Manager Kim Tolbert, who is also named as a defendant in the lawsuit.
"The City was not involved in the State Fair of Texas’ announcement of its enhanced weapons policy," the statement reads. "The State Fair of Texas is a private event operated and controlled by a private, non-profit entity and not the City."
KERA News has requested comment from the State Fair of Texas and will update this story with any response.
In a statement to KERA News, Dallas Deputy Mayor Pro Tem and District 7 council member Adam Bazaldua called the lawsuit "political posturing and a waste of tax payer resources."
The fair announced its ban on all firearms and other weapons at this year’s fair Aug. 8. The ban excludes current and qualified retired peace officers who present their credentials at fair entrances.
Up until this year, the fair allowed licensed concealed carry at Fair Park.
The new policy came nearly a year after a shooting at the fair injured three people. Cameron Turner, the 22-year-old accused gunman, is set to stand trial on charges of aggravated assault with a deadly weapon in October.
The move garnered backlash from the National Rifle Association, Gun Owners of America, Republican state lawmakers and other gun rights advocates. They said banning guns from the fair encroaches on fairgoers’ Second Amendment rights and wouldn’t make fairgrounds more safe.
Additional reporting by KERA's Nathan Collins.
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