Texas attorney general threatens lawsuit over the State Fair banning guns

DALLAS — The State Fair of Texas is laying down a new rule before millions of visitors flock through the gates for corn dogs, deep-fried delights and a friendly wave from a five-story cowboy named Big Tex: No guns allowed.

But that decision by fair organizers — which comes after a shooting last year on the 277-acre (112-hectare) fairgrounds in the heart of Dallas — has drawn outrage from Republican lawmakers, who in recent years have proudly expanded gun rights in Texas. On Wednesday, the state's attorney general threatened a lawsuit unless the fair reversed course.

“Dallas has fifteen days to fix the issue,” Republican Texas Attorney General Ken Paxton said in a statement, “otherwise I will see them in court.”

Tensions over where and how gun owners can carry firearms in public are frequent in Texas, but the standoff with one of the state's most beloved institutions has moved the fight onto unusual turf. The fair has not backed down since cowboy hat-wearing organizers announced the new policy at a news conference last week.

The fair, which reopens in September and lasts for nearly a month, dates back to 1886. In addition to a maze of midway games, car shows and the Texas Star Ferris wheel — one of the tallest in the U.S. — the fairgrounds are also home to the annual college football rivalry between the University of Texas and University of Oklahoma. And after Big Tex, the towering cowboy that greets fairgoers, went up in flames in 2012 due to an electrical short, the fair mascot was met with great fanfare upon its return.

But a shooting near the rows of food booths last year dampened the revelry.

Investigators said one man opened fire on another, injuring three people and resulting in police clearing the fairgrounds. Videos posted on social media showed groups of people running along sidewalks and climbing barriers as they fled.

Defending the new policy Wednesday, fair spokesperson Karissa Condoianis acknowledged it has attracted “both criticism and praise." She noted that the fair previously allowed gun owners to carry concealed weapons "even after virtually all other public events ceased to allow the same.”

“This is the right decision moving forward to ensure a safe environment and family-friendly atmosphere,” Condoianis said.

Republicans lawmakers urged the fair to reconsider in a letter signed by more than 70 legislators, arguing that the ban made the fairgrounds less safe and was “anything but a celebration of Texas.”

In a separate letter to the City of Dallas, Paxton argued that the ban infringes on the rights of Texas gun owners. The city owns Fair Park, where the annual fair takes place; Paxton argued that gun owners can carry on property owned or leased by the government unless otherwise prohibited by state law.

A city spokesperson said in a statement Wednesday that they were reviewing Paxton’s letter “and will respond accordingly.”

Condoianis said Wednesday that the fair, which is a private, not-for-profit organization, “is not a government entity nor is it controlled by a government entity.” She said they are aware of Paxton’s letter to the city, and that it appears he’s “seeking clarification” on the city’s relationship with the fair and its use of Fair Park under the long-term lease agreement between the two parties.

Condoianis also disagreed that the ban makes the fair less safe, saying the policy is similar to rules at large community gatherings such as sporting events and concerts. She also noted that 200 uniformed and armed Dallas police officers and fair safety team members will be patrolling the fairgrounds. The fair said on its website that attendees go through a screening process before entering.

The fair is a “microcosm of the kind of mystique that comes with Texas,” said Brian Franklin, associate director of the Center for Presidential History at Southern Methodist University in Dallas. The fair, he said, speaks to Texans’ desire to emphasize the state’s rural cowboy heritage and being on the cutting edge of technology.

“You can go to the hall where it’s all the most amazing new cars and maybe other exhibits about technology," he said, “and then you can also go and see the show cows.”