Texas State Fair Doubles Down on Gun Ban Despite Lawsuit From State AG

By: Alex Trent | Published: Sep 03, 2024

Last month, the State Fair of Texas announced that it would be completely banning firearms from the fairgrounds with few exceptions, a move that created controversy among Republicans and gun rights advocates.

Despite a subsequent threat and eventual lawsuit filing from the state’s Attorney General, the fair over the weekend affirmed that it would be sticking to its guns: or lack of them.

Policy Change

In early August, the State Fair of Texas announced a change to its weapons policy which followed an incident at the fair last year where a fairgoer opened fire in a crowded food court.

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People attending the Texas State Fair.

Source: Donovan Reese Photography/Getty Images

Previously, the fair’s rules allowed attendees who had valid handgun licenses to bring a weapon as long as it remained concealed.

Fair Announcement

In an August 8 announcement, the Fair described the details of the new policy which restricts many types of weapons with few exceptions.

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'Big Tex' seen at the Texas State Fair.

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“As a private not-for-profit organization, the State Fair of Texas prohibits fairgoers from carrying all firearms, knives that are prohibited according to state law, clubs, explosive devices, ammunition, chemical dispensing devices, replicas or hoaxes, or other weapons of any kind. This includes Holders of a License to Carry, Constitutional Carry, Concealed Carry, and the Open Carry of firearms anywhere on the fairgrounds including Cotton Bowl Stadium,” said the State Fair of Texas. “This policy does not apply to current peace officers or qualified retired peace officers in accordance with state law.”

FAQ Update

The Fair also updated the FAQ section on the website in accordance with the new weapons policy.

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Question marks painted on trees.

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“Every year, the State Fair of Texas has an ongoing safety and security assessment, adding and adjusting security measures to ensure a safe environment for all fairgoers, employees, and vendors. For us to continue offering a safe event for all, we feel this is an important measure to implement,” the FAQ says in response to a question about why there is a change in policy.  

Motivation For the Change

Although not specifically mentioned by the State of Fair of Texas, this policy move comes in the wake of an incident last year where a fair attendee says they felt threatened and opened fire as a means of self-defense.

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Arms seen carrying and aiming a hand gun.

Source: Noah Wulf/Wikimedia Commons

Three people were wounded in the shooting with non-life-threatening injuries.

Lawsuit Filing

In response to the new policy at the fair, Texas Attorney General Ken Paxton filed a lawsuit against the City of Dallas to try to stop the rule change.

Close-up of a lawsuit document with a gavel placed on top, on a wooden desk with a pen lying beside the paper

Source: wirestock/freepik

Earlier in August, Paxton gave the State Fair 15 days’ notice before making good on the threat to file the lawsuit.

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Public Verus Private

Although the State Fair of Texas purports to be a private entity, Paxton argues that their use of public land and makes them required to follow Texas law and provide a right to self-defense for attendees.

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A look up at the Texas Capitol in Austin.

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“Neither the City of Dallas nor the State Fair of Texas can infringe on Texan’s right of self-defense. I warned fifteen days ago that if they did not end their unlawful conduct I would see them in court, and now I will,” Paxton wrote in an August 29 statement.

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State Law

In dispute in this case is whether contracts that the State Fair of Texas has with the government would require them to comply with state laws or if they have leeway as a private organization to set their own rules.

A man writes notes on a sheet of paper.

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“Since state law permits gun owners to carry in places owned or leased by government entities unless otherwise statutorily prohibited, the prohibition represented an unlawful infringement on Texans’ legal rights. Dallas and the State Fair have refused to comply with state law,” said the statement from the Attorney General’s office.

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Doubling Down

The State Fair of Texas has responded to the lawsuit filed by Paxton, doubling down on their policy that they think will protect the safety of fairgoers.

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Two people walk toward stands at the State Fair of Texas.

Source: Michael Barera/Wikimedia

“The State Fair of Texas will continue to prioritize providing a safe and secure environment for our millions of fairgoers, as well as our staff, vendors, and volunteers,” said a spokesperson to CBS News. “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. Due to pending litigation, we will make no further comments at this time.”

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City of Dallas Responds

The City of Dallas, who is also named in the lawsuit, attempted to distance themselves in a statement released on August 29.

An aerial view of tall buildings and a Texas highway.

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“The City of Dallas is aware of the lawsuit filed by the State of Texas and disagrees with the allegations against the City and interim city manager. The City was not involved in the State Fair of Texas’ announcement of its enhanced weapons policy. The State Fair of Texas is a private event operated and controlled by a private, non-profit entity and not the City,” said the statement. 

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Gun Free Zones

Other Republicans have come out in defiance of the rule changes, feeling the banning of guns doesn’t make events safer.

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A hand holding a pistol in a grassy field.

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“Gun-free zones don’t make us safer – they make us targets. I stand with my colleagues in opposing the State Fair of Texas’ gun ban. Texans have the right to defend themselves,” said Texas Rep. Briscoe Cain in an X post.

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Reaction Online

Some online have been commenting under State Fair of Texas’ posts, promising not to attend the fair in protest of the gun rule changes.

Close-up of a person's hands typing on a laptop keyboard. The individual's fingers are captured in motion, suggesting active typing

Source: Kaitlyn Baker/Unsplash

“Won’t be attending because criminals won’t follow the laws and only hurt law-abiding citizens. Can’t support you,” wrote an X user.

“I refused to go to the State fair.  You are not allowed to bring your firearms for protection, but ex-officers can.  Just another way they want us to not be able to protect ourselves from criminals,” said X user Jay Trock.

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