Dallas police block an entrance to the State Fair of...

Dallas police block an entrance to the State Fair of Texas after a shooting, Oct. 14, 2023, in Dallas. Credit: AP/Elías Valverde II

DALLAS — A judge on Thursday denied a effort by Texas Attorney General Ken Paxton to halt the recently announced ban on guns at the State Fair of Texas.

Dallas County District Judge Emily Tobolowsky denied the state's request for a temporary injunction to stop the ban from taking effect when the fair opens next week.

Fair officials’ announcement of the ban last month, which follows a shooting last year at the fair, was met with swift criticism from Republican state lawmakers, who have proudly expanded gun rights in recent years. Texas allows people to carry a handgun without a license, background check or training.

Paxton, a Republican, threatened to sue if the ban wasn’t repealed, and when fair officials stood their ground, he filed a lawsuit against the State Fair of Texas and the City of Dallas. The city owns Fair Park, the 277-acre (112-hectare) grounds where the event is held.

Paxton has called the the ban an illegal restriction on gun owners’ rights, saying Texas allows gun owners to carry firearms in places owned or leased by government entities unless otherwise prohibited by law.

But city officials and fair officials have said the State Fair of Texas is a private nonprofit that leases the property from the city for its event. The city has said that the State Fair of Texas is allowed by law to decide whether or not they chose to allow fair-goers to carry firearms. Fair officials have said the fair is not a government entity, nor is it controlled by one.

Last year three people were injured in the shooting at the fair after one man opened fire on another. Videos posted on social media showed groups of people running along sidewalks and climbing barriers as they fled.

The fair, which runs for nearly a month, dates back to 1886. In addition to a giant Ferris wheel, a maze of midway games and livestock shows, the fairgrounds are home to the annual college football rivalry between the University of Texas and University of Oklahoma. Big Tex, the five-story tall cowboy who greets fairgoers, has become a beloved figure. When the towering cowboy went up in flames in 2012 due to an electrical short, the fair mascot's return was met with great fanfare.

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