Attorney General Ken Paxton will appeal a Dallas County judge's decision to allow the State Fair's gun ban to take effect.
Paxton sued the city of Dallas and the fair last month over the fair's new firearm policy and requested an injunction on the ban before the fair opens Sept. 27. Dallas County District Judge Emily Tobolowsky declined to do so Thursday.
In a notice filed just hours after the ruling, Paxton's office informed the judge they'll file an accelerated appeal in the state's new 15th Court of Appeals, according to court documents. The court — composed of judges appointed by Gov. Greg Abbott — now handles all cases in which the state of Texas or state agencies are a party.
The State Fair of Texas organization has a lease agreement with Dallas to host its annual 24-day event at Fair Park. Paxton argues the city of Dallas is enforcing the gun ban through the State Fair — which would be illegal. Under Texas law, government entities can't ban licensed handgun owners from government-owned or leased property.
Fair organizers maintain that the ban is legal because the fair is a private, nonprofit organization, not a state actor. The city of Dallas says it had no role in enacting the ban.
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