balancing rights with common sense

After last year’s tragic shooting, the State Fair of Texas decided to ban firearms for this year’s event. In response, Attorney General Ken Paxton threatened litigation, arguing that the fair’s action is illegal because Texas law broadly protects the right to carry firearms in public.

He is right about this general principle. But as applied to the State Fair, there is another fundamental issue at play. Texas law also protects the fair’s right to freely negotiate a binding lease with the city of Dallas for use of Fair Park. In future lease negotiations, the fair’s safety regulations may be a talking point, but Paxton’s enthusiasm for gun rights doesn’t give him the authority to sign that contract today and try to revise its terms.

At the heart of this dispute is a gray area of ​​Texas firearms law. In 2023, the Legislature significantly expanded the right to carry firearms in public, eliminating licensing requirements and defining a wide range of public areas where firearms could be legally carried. Firearms laws also include an exception based on private property rights in Penal Code Sections 30.06 and 30.07, which make it a crime to “openly carry a handgun … on the property of another without actual consent.”

While the terms “property” and “owner” are not defined in that chapter of the Penal Code, several other chapters define “property” to include “real property” such as land and buildings. Applying that definition here means that Fair Park has two potential “owners” for the purposes of firearms regulation.

The city obviously owns the real estate (buildings and land) that make up Fair Park. But the State Fair — a private entity, legally completely separate from the city — also owns real estate called “leasehold property” because it has a long-term lease with the city to use the park for the fair.

Which “owner” can make the call about firearms? The answer depends on the terms of the lease between the city and the State Fair. However, the city has clearly granted the State Fair broad authority to regulate entrances and exits to Fair Park – no one disputes that the fair can install gates, charge admission, and remove unruly visitors.

Assuming the city has delegated such broad authority to the State Fair, then the fair is the “landlord” who decides what happens to the property during the lease period. It’s just like any other private real estate owner can set rules for a home or business.

The Texas Attorney General has no reason to complain about the fair’s leasehold rights. The right to bear arms is deeply valued in Texas, but so is the principle of freedom of contract. After the State Fair negotiated its lease with the city, it relied on those terms to plan the enormous activity of the annual fair — including safety arrangements to satisfy its liability insurers. These rights and expectations deserve legal protection.

The recognition of fair rights leads to two conclusions. First, since this issue is a matter of contractual terms, the best approach is negotiation, not litigation. The fair and the city may negotiate any appropriate modification to the lease to address this issue. The attorney general has no more right to insert himself into those discussions than he has any other free market business negotiation.

Second, it highlights the importance of clear and precise legislative drafting. The entire dispute arose because “owner” and “property” are not defined in Chapter 30 of the said code. The Legislature is free to fill that void in the next session if it sees fit to do so.

The State Fair should be about fun, family and community – not a stage for political posturing. The Attorney General should reconsider his threats of litigation, and all parties should focus on finding a sensible solution based on contract negotiation and the legislative process. Texas is big enough for both freedom and security, but striking that balance requires calm, clear-headed thinking as opposed to judgment.

David Coale is an attorney in Dallas.

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