Attorney General Ken Paxton has announced that he will appeal the case surrounding the State Fair of Texas’ prohibition of firearms on public property to the Texas Supreme Court.
In a post on X, Paxton held that the fair’s ban on firearms, revealed earlier this year, violated Texas law by preventing law-abiding gun owners from carrying their firearms on fairgrounds.
“The City of Dallas and the State Fair of Texas cannot nullify state law by banning firearms,” wrote Paxton on Tuesday. I will challenge this decision immediately in the Texas Supreme Court.”
Texas’ new 15th Court of Appeals had just denied Paxton’s request for emergency temporary relief on the gun ban a day prior.
For over 135 years, the fair has allowed licensed gun owners to carry.
However, the nonprofit operating the fair announced in August that individuals would not be allowed to carry for the 2024 event, which runs from September 27 to October 20. The policy came one year after an unlicensed individual was arrested for allegedly shooting and injuring three others at the fair.
Paxton sent a subsequent notice letter to Dallas and the State Fair of Texas warning that he would file a lawsuit over the fair’s ban if they did not reverse the decision. Weeks later, Paxton filed a lawsuit against both entities.
Dallas, which owns Fair Park and leases the property to the nonprofit organization operating the State Fair of Texas, was also included in the lawsuit.
Roughly one month after Paxton filed the lawsuit, State Judge Emily Tobolowsky denied Paxton’s request for a temporary injunction against the ban. The ruling prompted Paxton to file an emergency motion for relief in Texas’ 15th Court of Appeals, citing the shortened timetable with the fair starting on Friday.
“The City of Dallas and the Texas State Fair are not above the law, and we are seeking emergency relief to uphold Texans’ Constitutionally-protected Second Amendment rights,” stated Paxton after filing the motion.
“The State Fair’s policy—by which law-abiding citizens could not defend themselves—does not make the environment safer, it merely gives an advantage to criminals looking for victims,” he added.
However, the new court tasked by legislators last year with appellate jurisdiction over certain civil cases involving the state affirmed Tobolowsky’s ruling to keep the gun ban in place on Tuesday evening.
The decision by Justices Scott Brister, Scott Field, and April Farris—all recently appointed by Gov. Greg Abbott—came just 23 days after the court began taking its first cases.
Barring a quick turnaround by Paxton’s team, defendants, and the state Supreme Court if they accept the case, the State Fair of Texas’ gun ban is set to be in effect for the 2024 event beginning on Friday.
Texas Gun Rights President Chris McNutt has criticized the policy for potentially endangering attendees, noting that the shooter at last year’s state fair event was carrying an illegal firearm.
“This is yet another feel-good measure that does nothing to enhance safety,” argued McNutt. “The data consistently shows that ‘gun-free zones’ are dangerous, with 94 percent of mass shootings occurring in these areas. By enforcing this policy, they are essentially asking fairgoers to compromise their safety and become easy targets.”
