When Dallas County District Judge Emily Tobolowsky dismissed Attorney General Ken Paxton’s lawsuit on June 24, 2025, it marked the end of one of the most closely watched Second Amendment battles in recent Texas politics.
At the heart of the dispute was a single policy: the State Fair of Texas’ decision to ban all firearms from Fair Park following a shooting in 2023. But what began as a fight over a safety rule quickly evolved into a broader showdown over who truly has authority over public land in the Lone Star State.
How a Food-Court Shooting Rewrote the Rules
On October 14, 2023, a dispute inside the Tower Building food court at the fair took a violent turn when 22-year-old Cameron Alexander Turner opened fire, injuring three visitors. Turner pleaded guilty in June 2024 and is now serving a 12-year prison sentence for aggravated assault and unlawfully carrying a weapon in a prohibited location.
The incident broke with decades of tradition. Until then, licensed Texans were allowed to carry concealed handguns across the 277-acre fairgrounds, which the nonprofit State Fair operates under a 25-year lease agreement signed with the City of Dallas in 2002. But on August 8, 2024—just seven weeks before the fair’s opening day—fair officials announced a sweeping new ban on firearms, large knives, clubs, and explosive devices, with exemptions only for credentialed peace officers.
Texas Gun Law Meets Contract Law
Constitutional Carry vs. Government Code § 411.209
- HB 1927 (2021) lets most Texans 21 and older carry a handgun—openly or concealed—without a license.
- Section 411.209 of the Government Code blocks cities and counties from restricting licensed carriers on public property unless another statute (such as Penal Code 46.03) expressly forbids guns.
The unresolved question: Is a nonprofit renter “private” enough to impose stricter rules on land the public owns?
Paxton’s Opening Volley
- August 13 2024 – Paxton gave Dallas 15 days to scrap the ban or face civil fines of up to $1,500 per day.
- August 29 2024 – He sued the city, interim City Manager Kimberly Bizor Tolbert, and the State Fair, seeking an injunction, civil penalties up to $250,000, and a bar on arresting gun owners for trespass.
“Municipalities cannot nullify state law nor can they avoid accountability by contracting official functions to nominally third parties,” Paxton warned, adding that neither Dallas nor the Fair could “infringe on Texans’ right to self-defense.”
Three gun owners—Maxx Juusola, Tracy Martin, and Alan Crider—soon joined as co-plaintiffs, arguing they planned to carry at the fair.
Round One in the Trial Courts
Fall 2024: Injunction Denied
In September 2024 a Dallas district judge refused to block the ban before opening day, and Paxton’s emergency appeal to the newly created 15th Court of Appeals met the same fate.
High-Court Rebuff
On September 26 2024, Justice Jimmy Blacklock wrote for the Texas Supreme Court, declining to overrule the lower courts:
“Our job … is not to decide whether the State Fair made a wise decision. Our job … is to decide whether Texas law allowed the State Fair to make the decision for itself.”
The justices noted that Paxton’s brief never argued state law compelled the fair to allow guns, only that Dallas let the fair do something the state would not.
Inside the Courtroom, 2025
February Hearing
Dallas attorney Jeff Tillotson countered Paxton’s theory:
“The city believes that this is really an issue about private property,” Jeff Tillotson, an attorney for Dallas, told KERA News after the February hearing. “We lease the property to a private entity — the State Fair of Texas — and just like you have with respect to your home, they have the right to do what they want with respect to guests.”
Final Judgment – June 24 2025
Judge Emily Tobolowsky granted summary judgment to the Fair and the city, issuing a one-page order that offered no rationale but effectively ended Paxton’s suit.
Outside the courthouse, Fair spokesperson Karissa Condoianis welcomed the news:
“The State Fair takes no political position on the complex issues related to the lawful carrying of firearms in Texas … Our No. 1 priority is the safety of our fairgoers, vendors, volunteers and staff.”
What the Ruling Really Means
Private Control on Public Land
The courts accepted the Fair’s argument that a private lessee—not the city—made the policy. That distinction insulated Dallas from Section 411.209’s civil penalties and left the nonprofit free to act “like any homeowner” on a rented lot.
A Retreat—or a Pause—for Paxton
Paxton’s office has not appealed further, but allies in the Legislature tried to rewrite the rules:
- SB 1065, by Sen. Bob Hall (R-Edgewood), would fine contractors that ban guns on government land. It cleared the Senate but stalled in the House.
- HB 1715, by Rep. Briscoe Cain (R-Deer Park), sought an outright prohibition on such firearm bans; it died in committee.
Public Reaction
- Gun-rights groups—including the NRA and Gun Owners of America—called the decision a dangerous precedent that “empowers criminals while disarming law-abiding Texans.”
- Safety advocates and some Dallas officials applauded the outcome. Council member Adam Bazaldua accused Paxton of “political posturing” at the expense of local security.
Why It Matters Beyond Big Tex
- Blueprint for Other Events – RodeoHouston, Fiesta San Antonio, and Austin’s SXSW also lease municipal venues. The Fair Park ruling signals they can police weapons if city contracts keep local governments at arm’s length.
- Property-Rights Paradox – Texas lawmakers defend both gun rights and private-property prerogatives. Here, courts elevated the latter.
- Legislative Uncertainty – The 2025 bills failed, but firearm policy remains a perennial campaign theme; future sessions could upend the balance again.
Chronology at a Glance
Key Dates
- Oct 2023 – Food-court shooting injures three.
- Aug 8 2024 – State Fair announces total firearms ban.
- Aug 29 2024 – Paxton files suit.
- Sept 2024 – Trial judge and 15th Court of Appeals refuse to suspend ban; Texas Supreme Court follows on Sept 26.
- Nov 2024 – Paxton narrows his claims in an amended petition.
- Feb 14 2025 – Judge Tobolowsky hears summary-judgment arguments.
- Jun 24 2025 – Lawsuit dismissed.
- Jun 30 2025 – Public disclosure of ruling; appeals courts decline further review.
What Happens When the Midway Opens Again?
The 2025 State Fair will open on September 26 under the same firearm policy introduced last year. Enhanced entry gates and high-volume weapon-screening devices, as well as a bolstered Dallas Police presence, remain in place. Fair officials say they will “continue to evaluate security measures” but have no plans to revisit the ban. (keranews.org)
Bottom Line
The clash between Ken Paxton and the nonprofit that stages Texas’ largest fair was never just about carrying a pistol past Big Tex. It pitted two core Texas values—robust gun rights and strong private-property rights—against each other on a public stage.
For now, the courts have decided that when the public leases land to a private host, the host gets the last word on security, even in a state where constitutional carry is the law of the land. Whether the Legislature agrees is a question for another session—and perhaps another showdown.
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