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The Texas Supreme Court denied the state’s last-ditch appeal to their verdict that the Texas State Fair’s gun ban was constitutional, according to court documents released Thursday.

The Texas Supreme Court shot down Texas Attorney General Ken Paxton’s last-ditch request for relief, saying the court could not compel the State Fair of Texas, a private entity, to drop its no guns policy, according to the decision written by Texas Supreme Court Justice Jimmy Blacklock. The policy was adopted in the wake of a shooting at the fair last year that injured three people, according to KERA in August.

“Texans have a right to lawfully carry and the City of Dallas has no authority to contract their rights away to a private entity,” Paxton said in a Friday press release. “This case is not over. I will continue to fight this on the merits to uphold Texans’ ability to defend themselves, which is protected by State law. While Texas clearly prohibits this type of gun ban, I will be working with the Legislature this session to protect law-abiding citizens’ Second Amendment rights on public property.”

Paxton initially sued the City of Dallas and the State Fair in August for their no-gun policy, challenging specifically the City of Dallas’ legal enforcement of such a policy, and not whether or not the State Fair could adopt it, according to court documents. Since Fair Park is government property leased to the State Fair of Texas, Paxton argued that the right to bear arms extends to the fair grounds, regardless of the State Fair’s private status, according to an August press release.

“Municipalities cannot nullify state law nor can they avoid accountability by contracting official functions to nominally third parties,” Paxton said in the August press release. “Neither the City of Dallas nor the State Fair of Texas can infringe on Texans’ right to self-defense.”

The scathing 5-page opinion written by Blacklock accused Paxton of not even attempting to answer the question of whether or not the State Fair as a private entity could regulate gun use at its event and even if Dallas couldn’t enforce the ban, that “would not mean that handgun owners are entitled by law to carry their weapons at the State Fair.” However, he left open the possibility that Dallas may have unjustly influenced the State Fair’s policy, but it was not the court’s time to decide on that.

“But at this stage, every indication is that the State Fair’s private board made its own decision to prohibit guns at this year’s Fair,” Blacklock said in the decision. “It should go without saying—though perhaps it cannot be said often enough—that a judge’s role in this case is not to decide whether the State Fair made a wise decision.”

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In October 2023, 22-year-old Cameron Turner fired his gun in a crowded food court, injuring three but killing none, according to Texas-based outlet NBC 5 in January. Turner said he was acting in self-defense when a group of men approached him and he went into “defensive mode,” firing three or four shots, according to an affidavit obtained by NBC 5.

The State Fair of Texas told the Daily Caller News Foundation that they understand the want for many Texans to be able to carry their guns like they have been able to in the past, and disagree that making the fair a “gun-free zone” would make it less safe. They also stipulated that retired and active duty peace officers could carry their weapons.

“This policy is similar to that of most mass community gathering events like athletic competitions, concerts, and other Fairs throughout the state and across the nation,” the State Fair told the DCNF. “Regarding the lawsuit filed by the Texas Attorney General’s Office, the State Fair of Texas takes no political position on gun rights issues. To be clear, this case is not about public policy or gun rights. It is about property rights and the meaning of a particular statute, Texas Government Code section 411.209(a).”

Editor’s note: This story has been updated with comment from the State Fair of Texas.

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