The State Fair of Texas is at the center of controversy over new policy changes that prohibit all guns, excluding those possessed by credentialed active and retired peace officers, from entering the fairgrounds. In response, Texas Attorney General Ken Paxton has threatened to take legal action against the city of Dallas.
Following the announcement of the new policy by the State Fair last week, Paxton, in a letter addressed to Dallas Interim City Manager Kim Tolbert, informed the city that they have 15 days to compel the State Fair to reverse the policy. According to Paxton, the policy violates state law because Fair Park, the venue for the State Fair, is city-owned property.
“Texas law clearly states that license to carry holders may not be prevented from carrying a firearm on property owned or leased by the government unless otherwise prevented by state statute,” Paxton said in a statement, clarifying that his actions were provoked by “The State Fair of Texas’s recent policy that infringes on LTC holders’ Second Amendment rights.”
In response to Paxton’s letter, the State Fair released a statement arguing that because they are a private, not-for-profit organization, they have legal grounds to enforce the ban on guns. The State Fair also highlighted the presence of hundreds of armed policemen and security personnel who patrol the event, seeking to address concerns about safety.
The City of Dallas also commented on Paxton’s threat, with a spokesperson stating that the letter from the Attorney General’s Office is currently being reviewed and they will respond in kind.
Allen Chandler, a former Dallas prosecutor, firearms instructor, and defense attorney states, “I think Paxton is going to be successful in the lawsuit.” Chandler reasons that public ownership of the property will likely be the key argument, stating, “The state is coming in and saying, ‘A, you are doing something that hasn’t been done before. They did this for many years. And B, you have to be able to articulate why this person is going to be disarmed because there is a fundamental right to defend yourself.’
Despite the controversy, other prominent Texas events, including the Houston Livestock Show and Rodeo, San Antonio Livestock Show and Rodeo, and Rodeo Austin, enforce similar bans on firearms.
A contributing factor to the recent decision to ban guns from the State Fair may have been an incident where three people were injured in a shooting at the State Fair’s food court last year. Although the suspect, Cameron Turner, did not have a license and the method by which he transported the firearm past security remains undisclosed, the incident has raised questions about attendee safety at the event.
Turner, who claims to have felt threatened and acted in “survival mode,” will stand trial in late October.
While the city of Dallas deliberates on its response to Paxton’s threat, the clock is ticking with less than 15 days left to reverse the policy according to Paxton’s ultimatum. Regardless of the outcome, the controversy raises important discussions about gun laws and public safety. The State Fair of Texas is scheduled to begin on September 27.
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