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.
KERA News has requested comment from the city and the State Fair of Texas and will update this story with any responses.
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