DALLAS — The Texas Supreme Court denied a request by Texas Attorney General Ken Paxton to block a gun ban by the State Fair of Texas, meaning the fair will go forward this weekend with the gun ban in place.
Paxton's emergency motion for temporary relief of the ban was denied by the Texas Supreme Court Thursday evening, one day prior to the opening day of the State Fair of Texas.
According to the court, Justice Blacklock filed an opinion concurring in the denial of the motion and Chief Justice Hecht and Justice Young followed suit.
On Tuesday, Paxton's previous request to halt the gun ban was denied after Dallas County District Court Judge Emily Tobolowsky’s ruling to allow the State Fair of Texas to proceed with its policy.
The State Fair of Texas released the following statement after the decision:
"Howdy! The State Fair of Texas applauds the Texas Supreme Court’s ruling to deny the AG’s motion for emergency relief, thus allowing the State Fair to open the 2024 Fair tomorrow with its security policy as planned. We thank the Texas Supreme Court, Fifteenth Court of Appeals, and the Dallas District Court for their quick rulings ahead of the Fair. We look forward to Opening Day and providing a safe environment for our millions of fairgoers, as well as our staff, vendors, and volunteers."
Paxton escalated the case to the state's highest court after being previously denied by the Fifteenth Court of Appeals and the Dallas District Court before that.
"The City of Dallas and the State Fair of Texas cannot nullify state law by banning firearms," Paxton wrote.
The State Fair of Texas opens on Friday, Sept. 27, and will run through Oct. 20.
This gun ban comes one year after a shooting at the State Fair's food court where three people were injured.
Paxton sued the city and State Fair of Texas last month, arguing in court filings that the State Fair of Texas had violated state law that largely bars local governments from restricting guns on property they own or lease. The City of Dallas owns Fair Park and leases the grounds to the State Fair of Texas each year.
Paxton has argued that the fair organizer “acts under the authority” of the City of Dallas and can’t ban guns on the grounds. Officials with the city and fair, though, argued in court filings that the city has “no control” over the State Fair of Texas operations during the fair, making their policy announced earlier this year to ban guns at the fair this year legal.
Under the policy, announced in August, active and retired peace officers would still be allowed to carry guns within the fairgrounds.
Both the city of Dallas and the State Fair of Texas argued Paxton’s case runs counter to a nonbinding legal opinion he issued in 2016 that found private entities could ban guns on government-leased property as long as the government “has no control over the decision to post such notice.”
The 2016 opinion from Paxton’s office was cited in finding that notices banning firearms could be posted at the entrances to the Fort Worth Zoo because while the zoo is on city-owned land, the city contracts with a nonprofit to oversee zoo operations and management, according to court documents.
That 2016 opinion was withdrawn Sept. 10. Paxton’s office didn’t respond to a WFAA request for comment on the reason for the withdrawal.