Texas Attorney General Ken Paxton plans to appeal to a higher court after a Dallas County district judge on Thursday denied his office’s request to temporarily halt a new State Fair of Texas policy prohibiting firearms on its fairgrounds.
Judge Emily Tobolowsky, in a court hearing Thursday, rejected Paxton’s request for a temporary injunction, saying there was insufficient evidence showing any laws were broken by the new restriction.
State attorneys did not say during the hearing whether they planned to appeal and declined to comment to reporters outside the courtroom. They filed a notice to appeal later in the afternoon to the 15th Court of Appeals.
The late-Thursday filing signals a forthcoming change in venue for the legal dispute, which began after fair organizers announced Aug. 8 they would increase security and limit who would be allowed to carry guns into Fair Park.
The policy change comes after a man shot three people at the fair last year. In previous years, the fair allowed attendees with a valid handgun license to bring a gun as long as it was concealed, but state law doesn’t require Texans to have a permit to carry a firearm in a public place.
The state requested an accelerated appeal. The filing comes just over a week before the first day of the State Fair of Texas, which runs from Sept. 27 through Oct. 20.
The case will be among the first ones heard in the 15th Court of Appeals. The Texas Legislature created the Austin-based appeals court last year. It is the venue for cases from the state’s business courts, appeals brought by or against the state and disputes over the constitutionality of state laws.
This summer, Gov. Greg Abbott appointed three justices to the court. Its inaugural term began Sept. 1.
Dallas officials have maintained city officials weren’t involved in the State Fair of Texas’ decision to enact the new policy. The nonprofit group leases Fair Park from the city for the event.
Seeking to block the restriction from being enforced, Paxton sued the fair, Dallas and interim City Manager Kimberly Bizor Tolbert on Aug. 29. He contends the restriction is illegal and infringes on gun owners’ rights.
Staff writer Everton Bailey Jr. contributed to this article.
