DALLAS – A judge in Dallas has blocked an attempt to prevent a new gun ban at the State Fair of Texas.

Judge Emily Tobolowsky denied a request by Attorney General Ken Paxton to block the rule, which would prohibit gun owners from bringing firearms onto the fairgrounds.

Representatives of the State Fair and the Attorney General’s Office appeared in a Dallas courtroom Thursday morning.

The hearing lasted about three hours, but the judge made his decision very quickly and denied the Attorney General’s request for a temporary restraining order.

Paxton’s team argued that the State Fair is held on public land, where gun rights are protected. The state argued that because the city of Dallas owns Fair Park, the regulation violates state law.

“These citizens are being denied equal access to public space, they are being denied the right to self-defense,” said Ernest Garcia of the Texas Attorney General’s Office.

The State Fair of Texas organization says it is not violating any laws with its gun ban because it is not a state agency.

The fair is a nonprofit organization that leases Fair Park from the city of Dallas for 24 days a year and says it can set its own rules and regulations.

“If there is no state action, there can be no constitutional violation. Even if there was state action, you have to recognize that there are certain places where guns were never allowed,” said Jim Harris, an attorney for the State Fair of Texas.

In 2016, Paxton took a very different position, giving nonprofits a green light for the fair’s actions in a nonbinding opinion. That same year, Paxton’s office told the mayor of Fort Worth that the Fort Worth Zoo had the right to ban concealed carry of weapons.

Paxton retracted that statement on September 10 after suing Dallas.

“(Attorney General Paxton) has never retracted an opinion. The law requires that you go back to Greg Abbott many years ago,” argued Dallas City Attorney Jeff Tillotson.

The state’s only witness was the attorney general’s investigator who took complaints about the policy change. He testified that he was not a lawyer but disagreed with Paxton’s 2016 opinion.

Paxton could appeal to the Dallas Court of Appeals. In previous cases, he could have tried to go directly to the state Supreme Court because of the urgency of a decision.

As for the Mass, they recognize that the battle does not end today.

“We’re just ready to turn our attention to the State Fair of Texas. We’re ready to go eight days before opening. (We) hope to keep our people as safe as possible, that’s the goal,” said Mitchell Glieber, president of the State Fair of Texas.

The State Fair of Texas begins on September 27th.

How did we get here?

The State Fair implemented the new gun policy after a shooting last year.

Three people were injured in the shooting near the food court on October 15, 2023.

The suspect, Cameron Turner, was not a licensed gun owner.

Dozens of Republican lawmakers demanded that the fair change course. When the fair refused, Paxton immediately sued the city of Dallas, arguing that the city was responsible for the rules on its property.

Under the new rules, anyone found violating gun laws would be required to return the weapon to their vehicle.

If they refuse, law enforcement authorities may be called in.

In its last session, the state parliament expanded the right to bear arms on public land.

Texas lawmakers are expected to propose a new law in the next legislative session.