The State Fair of Texas may have come and gone this year — but drama over the fair's gun ban is still playing out in the courts.
The office of Texas Attorney General Ken Paxton asked appellate judges to reinstate his lawsuit looking to end the fair's gun ban in a court filing Thursday.
In a brief filed with the state's 15th Court of Appeals, the AG's office argued a district court judge made a mistake in throwing out the suit, and requested the appellate court issue a judgement in Texas’ favor.
In June, Dallas County District Court Judge Emily Tobolowsky sided in favor with the city and the fair, but did not provide any reasoning. Because no reasons were explicitly provided, the state argues the appellate court must examine the grounds on which the ruling was made and decide if they're credible.
The state also pushed back on arguments made by attorneys for Dallas and fair organizers, including claims that the state’s lawsuit was moot because it only concerned the 2024 event. The AG's office argued in Thursday’s court filing the claims are still valid because the gun ban was renewed this year.
Paxton's office also maintains Dallas officials violated Texas law by allowing organizers to implement a gun ban at Fair Park, which is owned by the city and leased to the State Fair of Texas nonprofit. It claims the gun policy violates the state's constitutional right to carry.
“It is the public policy of this state that Texans who are licensed to carry handguns under the Texas Government Code may do so on public property unless prohibited by other law,” court documents say.
Attorneys for Dallas and the State Fair in February said banning guns was a decision made by fair organizers — not the city — meaning there was no government action.
“The City firmly believes Judge Tobolowsky was correct in her ruling and we also believe that the Court of Appeals will affirm her ruling,” Jeff Tillotson, an attorney for Dallas, said in an email to KERA News Monday.
KERA News also reached out to attorneys for the state and the fair and will update this story with any response.
The new gun policy came after a 2023 shooting left three people injured on the fairgrounds. Cameron Turner pleaded guilty in June to aggravated assault and illegally carrying a gun. He was sentenced to 12 years in prison.
Paxton sued over what he said was an unlawful ban of handguns on government-owned property and an infringement on fairgoers’ gun rights.
Judge Tobolowsky denied Paxton's request for a temporary injunction to stop the ban from going into effect at the fair last year. Both the 15th Court of Appeals and the Texas Supreme Court denied his emergency filings before the case was tossed in June.
Thursday’s filing is seeking a review of that dismissal, and a permanent injunction, “restraining the [city of Dallas and State Fair of Texas] from further violating the statutory rights of license holders through their exclusionary practices.”
Penelope Rivera is KERA's breaking news reporter. Got a tip? Email Penelope Rivera at privera@kera.org.
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