Judge allows Texas state fair to ban guns

By 
 September 21, 2024

A judge has approved the ban of guns at the Texas state fair.

The Hill reports that Judge Emily Tobolowsky issued the ruling on Thursday.

In the ruling, Tobolowsky actually rejected an attempt by Texas Attorney General Ken Paxton to remove the ban that had been placed on guns at the state fair.

First, we'll fill you in on the background of the case, then we'll look at Tobolowsky's ruling.

Background

In the past, guns were allowed at Texas's state fair. This, however, recently changed.

The Hill reports:

Concealed handguns had been permitted at the fair, which often sees more than 100,000 people per day — until last season, when a 22-year old man opened fire in a crowded food court, injuring several people.

There has been some controversy about what exactly led to this shooting. But, the bottom line is that, last month, the state fair decided to place a ban on firearms. An exception is, however, allowed for active or off-duty police officers.

The Texas legislature responded with a petition to remove the ban. As State Sen. Bob Hall (R) put it:

The City of Dallas has made the 2024 Texas State Fair a “free-fire-ZONE” for criminals. In the name of so-called ‘safety,’ the Fair’s leadership has effectively invited chaos and danger into the DNA of what is supposed to be a wholesome family activity. The only beneficiaries of this dangerous policy will be criminals who now know they have free rein to rob, rape, and overall harm without fear of encountering an armed citizen.

It was about this time that the state attorney general got involved. Paxton threatened the fair with a lawsuit if it did not get rid of the ban.

The latest

To make a long story short, the fair refused to comply with Paxton's request, so he proceeded to bring a lawsuit against it, looking to get the ban removed.

He said:

Municipalities cannot nullify state law nor can they avoid accountability by contracting official functions to nominally third parties. Neither the City of Dallas nor the State Fair of Texas can infringe on Texans’ right to self-defense.

Tobolowsky, however, disagreed. The judge claimed that the state fair was a private nonprofit and therefore could make its own decision about whether or not to allow guns to be carried at its event.

The question now is whether Paxton is going to appeal this decision.

This question has yet to be answered, but the likelihood is that Paxton will do so.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson