Attorney General Ken Paxton will appeal a Dallas County judge’s decision to enforce the State Fair’s gun ban.

Paxton sued the city of Dallas and the fair last month over the fair’s new gun policy, seeking an injunction against the ban before the fair opens on Sept. 27. But Dallas County District Judge Emily Tobolowsky denied the order Thursday.

In a notice filed just hours after the ruling, Paxton’s office told the judge they will file an expedited appeal with the state’s new 15th Circuit Court of Appeals, court documents show. The court — made up of judges appointed by Gov. Greg Abbott — now hears all cases in which the state of Texas or state agencies are a party.

The State Fair of Texas organization has a lease with Dallas to host its annual 24-day event at Fair Park. Paxton argues that the city of Dallas is enforcing the gun ban through the State Fair — which would be illegal. Under Texas law, government entities cannot prohibit licensed handgun owners from accessing state-owned or leased property.

Fair organizers claim the ban is legal because the fair is a private, nonprofit organization and not a government actor. The city of Dallas says it played no role in passing the ban.

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