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Last week, Texas Attorney General Ken Paxton (R) followed through on a warning he gave just a few weeks earlier and filed suit against the City of Dallas and the State Fair of Texas over a new firearm prohibition policy implemented earlier in August ahead of the State Fair of Texas which takes place between Friday, September 27 and Sunday, October 20 2024.
The lawsuit represents just one more milestone in what is turning out to be quite a legal saga raising questions about the interpretation of Texas’ constitutional carry law, the rights of license holders, and the authority of municipalities in regulating firearms on leased public property.
Brief Background
In early August 2024, the State Fair of Texas announced a new policy prohibiting the carrying of firearms at its annual event, marking the first time such a restriction was imposed. The decision came on the heels of a shooting incident during the 2023 fair. However, this policy change was met with swift opposition from gun rights advocates, a slew of state lawmakers, and Attorney General Paxton, who argued that the ban violated state law, specifically, House Bill 1927, also known as the “constitutional carry” law, passed in the 87th Legislative Session (2021).
The State Fair of Texas, although operating as a private nonprofit corporation, leases public land from the City of Dallas to host the event. This lease agreement has sparked debate over whether the State Fair can enforce a firearms ban on what is technically government-owned property. The State Fair maintains that, as a private entity leasing the land, it can regulate firearms on the premises. This claim, however, contradicts the interpretation held by Attorney General Paxton leading to legal action.
The Lawsuit: Texas Attorney General v. City of Dallas and the State Fair of Texas
In mid-August 2024, Paxton issued a warning to the City of Dallas in what he described as an “unlawful infringement on Second Amendment rights.” Paxton gave the City of Dallas 15 days to resolve the violation and indicated that if not resolved his office could file suit. Last week Paxton followed through on this warning and filed a lawsuit against both the City of Dallas and the State Fair of Texas. The lawsuit argues that the exclusion of handguns from the State Fair is an illegal “ultra vires” act because it exceeds the legal authority of the officials of the City of Dallas. The complaint centers on the assertion that the City of Dallas cannot direct its police officers to enforce a policy that the OAG contends violates existing state law.
According to the lawsuit, Texas Government Code § 411.209 prohibits state agencies or political subdivisions, such as the City of Dallas, from taking any action that states or implies that a license holder carrying a handgun under the authority of the Texas Government Code is prohibited from entering or remaining on premises owned or leased by the government unless specified otherwise by Texas Penal Code § 46.03 or other law. The lawsuit further argues that while there are specific premises within Fair Park where firearms are prohibited—such as those used for certain sporting events—the vast majority of the 277-acre Fair Park, where the State Fair is held, does not fall under these restrictions.
Key Legal Arguments and Claims
- Violation of Constitutional Carry Law: The Attorney General’s lawsuit hinges on the interpretation of the Firearm Carry Act of 2021 (HB 1927), which allows most Texans 21 and older to carry a handgun without a license. The state argues that, except for specific locations where carry is explicitly prohibited by law, the City of Dallas and its partners cannot impose blanket firearm bans on public land, including leased property.
- Ultra Vires Acts by City Officials: The lawsuit claims that the City of Dallas and its officials, including Interim City Manager Kimberly Bizor Tolbert, acted beyond their legal authority by allowing the State Fair of Texas to prohibit firearms on public property leased from the city. The OAG asserts that this is an illegal “ultra vires” act, which exceeds the authority granted to them under Texas law.
- Request for Injunctive Relief: The OAG seeks a temporary and permanent injunction to prevent the City of Dallas and the State Fair from enforcing the firearms ban. The lawsuit emphasizes that the exclusion of firearms is an overreach of authority and asks the court to suspend the policy before the event convenes in late September.
- City of Dallas and Police Enforcement: Another critical aspect of the lawsuit is the role of the Dallas Police Department in enforcing the firearms ban. The OAG argues that the City of Dallas, through its police officers, should be enjoined from enforcing any criminal trespass laws against licensed carry holders unless they enter premises where carrying a firearm is explicitly prohibited.
- Potential Civil Penalties: The lawsuit also seeks civil penalties under Texas Government Code § 411.209(b), which stipulates fines for political subdivisions that violate state law concerning the regulation of firearms. These penalties could range from $1,000 to $10,500 per violation, potentially accumulating daily for ongoing violations.
Texas Government Code § 411.209(b): A state agency or a political subdivision of the state that violates Subsection (a) is liable for a civil penalty of: (1) not less than $1,000 and not more than $1,500 for the first violation; and (2) not less than $10,000 and not more than $10,500 for the second or a subsequent violation.
The State Fair of Texas and the City of Dallas’ Position
In response to the lawsuit, a spokesperson for the State Fair of Texas reaffirmed their stance, stating, “As a private, not-for-profit organization leasing Fair Park for our annual State Fair, we believe we have the right to make this decision and maintain that it is the correct decision to protect the safety of our patrons.” The City of Dallas has similarly defended its actions, asserting that it has not violated any laws and that the State Fair, as a private entity, has the authority to enforce its policies on leased property.
Broader Implications and Legislative Context
This legal battle is not just about a single event’s firearm policy; it is a significant test of Texas’ constitutional carry law and the extent to which local governments and private organizations operating on public land can regulate firearms. The case is being closely watched by gun rights advocates, Second Amendment supporters, and legal experts, as its outcome could set a precedent for how firearm regulations are enforced in Texas moving forward.
State lawmakers, particularly Republicans, have expressed their support for the lawsuit, emphasizing the importance of upholding the constitutional rights of Texans to bear arms. In a joint letter condemning the policy, they argued that the State Fair’s decision to ban firearms undermines the spirit of the Firearm Carry Act of 2021 and the rights guaranteed under both the U.S. and Texas Constitutions.
Conclusion
The lawsuit filed by Texas Attorney General Ken Paxton against the City of Dallas and the State Fair of Texas over the firearm ban at the 2024 State Fair underscores a critical debate over gun rights, state authority, and public safety. At its core, the conflict revolves around whether a private entity leasing public land can impose restrictions that contradict state law. As this case moves through the courts, it has the potential to reshape the landscape of firearm regulation in Texas, challenging the balance between state legislation, local governance, and individual rights. The outcome will likely have far-reaching implications for future legislative actions and policies concerning firearms on publicly leased properties in Texas.
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