Texas AG threatens to sue Dallas over gun ban at state fair

AP Photo/Eric Gay
Texas state Attorney General Ken Paxton makes a statement at his office, May 26, 2023, in Austin, Texas. (AP Photo/Eric Gay)

Texas Attorney General Ken Paxton (R) on Tuesday threatened to take legal action against the city of Dallas if the State Fair of Texas — a nonprofit that holds the annual event — does not reverse its new policy prohibiting open and concealed carry of firearms at the state fair next month.

Paxton argued that because the state fair is held at Fair Park — owned by Dallas but leased to the nonprofit — the event is still subject to laws prohibiting state governments in Texas from blocking licensed gun holders from accessing government property.

“As you may know, the State Fair of Texas has announced that persons with a license to carry (LTC) cannot bring their firearm to the fair,” Paxton wrote in a letter Tuesday to Dallas’s interim city manager, Kimberly Tolbert.

“Our office views this statement by the State Fair of Texas as an implication that the City of Dallas (a political subdivision of the state) is prohibiting a license holder from entering or remaining on premises or other place owned or leased by the City of Dallas in violation of Tex. Gov’t Code § 411.209(a),” he continued.

On Tuesday, Paxton said the city has 15 days to reverse the fair’s policy, or his office will sue for injunctive relief and seek civil penalties between $1,000 and $1,500 for each day the policy is in place. The fair runs from Sept. 27 to Oct. 20.

A spokesperson for the city said in a statement to The Hill, “We are reviewing the letter from the Texas Attorney General’s Office and will respond accordingly.”

Karissa Condoianis, a State Fair spokesperson, said the organization is “aware” of Paxton’s letter and said, “We stand ready to cooperate with the City of Dallas, as needed.”

Condoianis made clear, however, that the organization is independent from the city government, adding, “It appears from the letter that the Attorney General’s Office is seeking clarification regarding the City’s relationship with the State Fair of Texas.”

“The State Fair of Texas is—and always has been—a private entity. As a private, not-for-profit organization, the State Fair of Texas leases property from the City of Dallas for its event. The State Fair is not a government entity nor is it controlled by a government entity. As such, our volunteer board of directors, representing a mix of viewpoints from throughout our community have made a decision regarding weapons at the Fair,” she said.

The State Fair of Texas passed the new policy this year after a man opened fire in a crowded food court last year, wounding three people. The suspect told police he was defending his family.

Condoianis pushed back on the suggestion that the fair will be “gun free,” noting it spends millions of dollars each year on “safety and security measures” and that more than 200 uniformed and armed officers will be present at the fair “whenever the gates are open.”

“The State Fair of Texas has long been, and continues to be, a strong supporter of the rights of responsible gun owning Texans,” Condoianis said.

“We know that this is an important issue for many Texans, and that the Fair’s decision may disappoint potential fairgoers who regularly and responsibly practice License to Carry or Constitutional Carry,” she added. “However, the Fair strongly believes that this is the right decision moving forward to ensure a safe environment and family-friendly atmosphere.”

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